Zafero P. Paterson v. The City of Eufaula, Alabama

Fifth Circuit

Zafero P. Paterson v. The City of Eufaula, Alabama

330 F.2d 608, 1964 U.S. App. LEXIS 5722

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 14, 1964

Docket20910_1

StatusPublished

This text of 330 F.2d 608 (Zafero P. Paterson v. The City of Eufaula, Alabama) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Zafero P. Paterson v. The City of Eufaula, Alabama, 330 F.2d 608, 1964 U.S. App. LEXIS 5722 (5th Cir. 1964).

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Opinion

PER CURIAM.

This is an appeal by landowner in a condemnation proceeding, removed by her to the federal court, seeking to overturn the district court’s judgment denying an attorney’s fee as a part of the costs upon a voluntary dismissal of the condemnation suit by the appellee, City of Eufaula, Alabama.

There is no provision for the fixing of attorney’s fees in litigation in the federal court, except as such fees are provided for by statute. The Alabama statute does authorize the payment of attorney’s fees under certain circumstances in condemnation suits. However, by its terms it is plain that this statute requires that the condemning authorities have become liable for damages by reason of an award and the failure to pay the award within six months. Here, there was of course no award, since the City dismissed the condemnation proceedings before the award.

We do not, of course, pass on the question whether a cause of action exists under the laws of the state of Alabama in a plenary suit for damages occasioned by the conduct of the City of Eufaula. As pointed out by the trial court in its judgment, this is a matter not here dealt with.

The judgment of the trial court is affirmed.

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PER CURIAM.

This is an appeal by landowner in a condemnation proceeding, removed by her to the federal court, seeking to overturn the district court’s judgment denying an attorney’s fee as a part of the costs upon a voluntary dismissal of the condemnation suit by the appellee, City of Eufaula, Alabama.

There is no provision for the fixing of attorney’s fees in litigation in the federal court, except as such fees are provided for by statute. The Alabama statute does authorize the payment of attorney’s fees under certain circumstances in condemnation suits. However, by its terms it is plain that this statute requires that the condemning authorities have become liable for damages by reason of an award and the failure to pay the award within six months. Here, there was of course no award, since the City dismissed the condemnation proceedings before the award.

We do not, of course, pass on the question whether a cause of action exists under the laws of the state of Alabama in a plenary suit for damages occasioned by the conduct of the City of Eufaula. As pointed out by the trial court in its judgment, this is a matter not here dealt with.

The judgment of the trial court is affirmed.

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Bluebook (online)

330 F.2d 608, 1964 U.S. App. LEXIS 5722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zafero-p-paterson-v-the-city-of-eufaula-alabama-ca5-1964.