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DAVIS v. NATIONAL MEDICAL ENTERPRISES, INC.

No. 00-12181.

253 F.3d 1314 (2001)

Herbert H. DAVIS, Plaintiff-Appellee, v. NATIONAL MEDICAL ENTERPRISES, INC., Defendant-Appellant. National Medical Enterprises, Inc., a foreign corporation authorized to do business in the State of Florida, Plaintiff-Appellant, v. Susan Davis, Bessemer Trust, personal representatives of the estate of the "Herbert Davis Marital Trust `B' Under Agreement Dated January 10, 1991", Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Decided June 15, 2001.

Attorney(s) appearing for the Case

Curtis Carlson, Payton & Carlson, Miami, FL, for Appellant.

Jay A. Gayoso, Homer & Bonner, Miami, FL, for Appellees.

Before EDMONDSON, FAY and GARWOOD, Circuit Judges.

FAY, Circuit Judge:

This appeal involves competing post-trial motions for attorneys' fees. The district court ruled that Appellees Susan Davis and Bessemer Trust ("Davis") were entitled to attorneys' fees and costs as the prevailing party under the net judgment rule, and awarded the full amount of fees requested without an evidentiary hearing. The district court denied the request by National Medical Enterprises ("NME") for attorneys' fees. Because we find the claims...

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