28 U.S.C.A. § 1961 provides in part that interest shall be allowed on any money judgment in a civil case recovered in a district court. Such interest would continue to accrue throughout an appeal that was later affirmed.
28 U.S.C.A. § 1961 provides in part that interest shall be allowed on any money judgment in a civil case recovered in a district court. Such interest would continue to accrue throughout an appeal that was later affirmed.
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Florida Rule of Appellate Procedure 9.331(d)(1) permits a party to move for en banc rehearing on the ground that the issue is of exceptional importance. As required by Rule 9.331(d)(2), ?I express a belief, based on a reasoned and studied professional judgment, that the issue is of exceptional importance.?
Rule 9.300 of the Florida Rules of Appellate Procedure contains the requirements for appellate motions. A motion filed in an appeal should: explain what the party is asking the appellate court to do (the ?relief sought?); explain why the appellate court should grant the relief sought (the ?argument?); and.
If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission.
A motion for rehearing shall state with particularity the points of law or fact that, in the opinion of the state, the court has overlooked or misapprehended in its decision, and shall not present issues not previously raised in the proceeding. A response may be filed within 10 days of service of the motion.
En banc hearings and rehearings shall not be ordered unless the case or issue is of exceptional importance or unless necessary to maintain uniformity in the court's decisions. The en banc decision shall be by a majority of the active judges actually participating and voting on the case.
Mandate. (a) Issuance and Recall of Mandate. Unless otherwise ordered by the court or provided by these rules, the clerk shall issue such mandate or process as may be directed by the court after expiration of 15 days from the date of an order or decision.
(a) Dismissal of Causes When Settled. When any cause pending in the court is settled before a decision on the merits, the parties shall immediately notify the court by filing a signed stipulation for dismissal. (b) Voluntary Dismissal.
The granted motion for judgment notwithstanding the verdict ?is essentially an order granting a motion for a directed verdict during trial except that the judgment is made after the jury has returned the verdict.?Yacker v. Teitch, 330 So. 2d 828, 829?30 (Fla.