Merrill v. National Bank of Jacksonville

No. 542
Decided Circuit Court of Appeals, Fifth Circuit
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court of the United States for the Southern District of Florida
Decided
Judge
PARDEE, Circuit Judge
Posture
Decree entered in accordance with appellate mandate
Appellants (2)
T. B. Merrill, receiver
Duncan U. Fletcher
v.
Appellee (1)
National Bank of Jacksonville
John C. Cooper

Overview

The appeal is dismissed.

Case summary

This case involves a procedural appeal where T.B. Merrill, receiver, appealed from a decree entered by the circuit court in exact accordance with a mandate from the Circuit Court of Appeals following a previous appeal. The National Bank of Jacksonville moved to dismiss the appeal, arguing that no appeal lies from a decree entered in compliance with an appellate mandate. The Circuit Court of Appeals granted the motion to dismiss, relying on established Supreme Court precedent, particularly Stewart v. Salamon and Humphrey v. Baker, which hold that second appeals from mandate-compliant decrees are not permitted. The court rejected the appellant's argument that the Judiciary Act of 1891 (creating circuit courts of appeals) changed this practice, noting that even if appeals to the Supreme Court were available, the uniform practice against second appeals should not be varied.

Abstract

A receiver appealed a decree entered by the circuit court in exact accordance with an appellate mandate from a prior appeal. The opposing party moved to dismiss, arguing no appeal lies from a mandate-compliant decree, and the court granted the motion based on Supreme Court precedent holding second appeals impermissible. The court rejected arguments that the Judiciary Act changed this practice, dismissing the appeal.

Opinion of the court

Majority
opinion
PARDEE, Circuit Judgejoined by McCOBMICK, MAXEY
  • No jurisdiction for second appeal from decree entered pursuant to mandate
  • Following Supreme Court precedent in Stewart v. Salamon and Humphrey v. Baker
  • Judiciary Act of 1891 does not change established practice

Jurisdiction

not challenged
Subject matter
Federal circuit court jurisdiction
Jurisdictional facts
  • Appeal from the Circuit Court of the United States for the Southern District of Florida

Procedural posture

Posture at trial
Decree entered in accordance with appellate mandate
Posture on appeal
Direct appeal from decree following remand
Preserved issues
  • Motion to dismiss appeal based on lack of jurisdiction for second appeal
Forfeited issues
  • Merits of underlying case (previously decided)

Legal categories

Business

Case record

Full case name
MERRILL v. NATIONAL BANK OF JACKSONVILLE
Docket number
No. 542
Court
Circuit Court of Appeals, Fifth Circuit
Trial court
Circuit Court of the United States for the Southern District of Florida
Decided
Opinion author
PARDEE, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
PAEDEEMcCOBMICKMAXEY

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

De novo (jurisdictional issue)

Disposition rationale

No jurisdiction for second appeal from mandate-compliant decree under established Supreme Court precedent

Preservation

Issue preserved for review

Holdings of the court

Jurisdiction for appeal from decree entered pursuant to mandate
An appeal taken to the circuit court of appeals from a decree of the circuit court entered in accordance with the mandate of the former court upon a previous appeal will be dismissed
Following Supreme Court precedent in Stewart v. Salamon and Humphrey v. Baker, which established that no appeal lies from a decree entered in accordance with a mandate from a previous appeal
unanimousbinding precedent

Error analysis

  • Appellant appealed from decree entered in accordance with appellate mandate — procedural · error foundNot applicable - jurisdictional error · not applicable

Standards of review

  • Jurisdiction for second appeal — de novo Jurisdictional issues reviewed de novo

Timeline

3
Events
— Previous term
Span
appeal eventcited in opinion

Circuit Court of Appeals dismisses appeal

Outcome: Appeal dismissed

Final disposition - no jurisdiction for second appeal from mandate-compliant decree

Jurisdiction for second appeal
Circuit Court of Appeals · Parties appellate court
After mandate issuedprocedural eventcited in opinion

Circuit court entered decree in exact accordance with appellate mandate

Outcome: Decree entered as instructed

Trial court complied with appellate instructions

Jurisdiction for second appeal
Circuit Court · Parties trial court
Previous termappeal eventcited in opinion

Case heard and determined on merits by Circuit Court of Appeals

Outcome: Decree reversed, cause remanded with instructions

Established law of the case on merits

Jurisdiction for second appeal
Circuit Court of Appeals · Parties appellate court

Facts & evidence

Key facts

4 facts
  1. Case was previously heard and determined on merits by this court
  2. Previous decree reversed circuit court and remanded with specific instructions
  3. Circuit court entered decree in exact accordance with mandate
  4. Appellant appealed from that decree

Procedural history

5 steps
  1. Previous appeal decided at last term (21 C. C. A. 282, 75 Fed. 148)
  2. Decree reversed and cause remanded with instructions
  3. Mandate entered in circuit court
  4. Decree entered in accordance with mandate
  5. Present appeal filed

Authorities

Cited authorities (8)

Stewart v. Salamon, 97 U. S. 361
followedprecedent
Expressly decided that an appeal from the decree which the circuit court passed in accordance with the mandate of the supreme court upon a previous appeal will be dismissed
Humphrey v. Baker, 103 U. S. 736
followedprecedent
Again decided the precise question in the same way as Stewart v. Salamon
Mackall v. Richards, 116 U. S. 45, 6 Sup. Ct. 234
followedprecedent
Continuous approval of Stewart v. Salamon
Gaines v. Rugg, 148 U. S. 228, 242, 13 Sup. Ct. 611
followedprecedent
Continuous approval of Stewart v. Salamon
Railway Co. v. Anderson, 149 U. S. 237, 242, 13 Sup. Ct. 843
followedprecedent
Continuous approval of Stewart v. Salamon
Smelting Co. v. Billings, 150 U. S. 31, 37, 14 Sup. Ct. 4
followedprecedent
Continuous approval of Stewart v. Salamon
In re Sanford Fork & Tool Co., 160 U. S. 247, 259, 16 Sup. Ct. 291
followedprecedent
Continuous approval of Stewart v. Salamon
21 C. C. A. 282, 75 Fed. 148
referencedprior appeal
Previous appeal in same case heard and determined on merits

Statutes

  • An act to establish circuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes, approved March 3, 1891

Standards & doctrines

  • Supreme Court precedent establishing no jurisdiction for second appeals from mandate-compliant decrees

Legal principles applied

  • No appeal lies from decree entered in accordance with mandate from previous appeal
Index terms33
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Judges
Attorneys
Procedural terms
Legal actions
Action type
dismissed
Target
Appeal from circuit court decree
Appealed from
Circuit Court of the United States for the Southern District of Florida
Context
Appeal dismissed because no appeal lies from a decree entered in accordance with the mandate of this court upon a previous appeal
Scope
full
Disposition vote
unanimous
Action type
reversed
Target
Former decree of the circuit court
Appealed from
Circuit Court
Context
In previous appeal, reversed the former decree of the circuit court and remanded the cause with instructions
Scope
full
Further instructions
To enter a decree in accordance with the views expressed in the opinion of the court
Search facets
Parties
Judges
Maxey
Courts
Statutes cited