Edward Brown v. Robert E. L. Culpepper, Jr., Superior Court Judge of the South Georgia Jud. Circuit, 561 F.2d 1177 (5th Cir. 1977). · Go Syfert
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Edward Brown v. Robert E. L. Culpepper, Jr., Superior Court Judge of the South Georgia Jud. Circuit, 561 F.2d 1177 (5th Cir. 1977). Cases Citing This Book View Copy Cite
21 citation events (1 in the last 25 years) across 11 distinct courts.
Strongest positive: Bachman v. Pelofsky (In Re Peterson) (bap8, 2000-08-07)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Bachman v. Pelofsky (In Re Peterson)
8th Cir. BAP · 2000 · confidence medium
Furthermore, despite Bachman’s assertion that the Bankruptcy Court should not impose its own judgment regarding what constitutes a reasonable fee in a given case, several courts have held that “tjjudges are justified in relying upon their own knowledge of customary rates and experience concerning reasonable and proper fees, without the need for independent evidence.” In re Pothoven, 84 B.R. 579, 583 (Bankr.S.D.Iowa 1988); see also In re U.S. Golf Corp., 639 F.2d 1197, 1206 (5th Cir.1981) (trial courts are experts as to the reasonableness of attorneys’ fees); Brown v. Culpepper, 561 F.2…
discussed Cited as authority (rule) James E. Bachman v. Joel Pelofsky
8th Cir. BAP · 2000 · confidence medium
Iowa 1988); see also In re U.S. Golf Corp., 639 F.2d 1197, 1206 (5th Cir. 1981) (trial courts are experts as to the reasonableness of attorneys’ fees); Brown v. Culpepper, 561 F.2d 1177, 1177-78 (5th Cir. 1977) (same).
discussed Cited as authority (rule) Fraser and Wise, PC v. Primarily Primates, Inc.
D. Mass. · 1996 · confidence medium
Both trial and appellate courts “are themselves experts as to the reasonableness of attorneys’ fees.” Brown v. Culpepper, 561 F.2d 1177, 1177 (5th Cir.1977); see, e.g., Salvini v. Flushing Supplies Corporation, 137 F.R.D. at 194 (“court is well acquainted with the prevailing rates” of attorneys in the area).
discussed Cited as authority (rule) In Re Busy Beaver Building Centers, Inc. Kirkpatrick & Lockhart
3rd Cir. · 1994 · confidence medium
Litig., 962 F.2d 566, 570 (7th Cir.1992) (“Markets know market values better than judges do.”). 32 Of course, if the bankruptcy court discounts any evidence presented by the fee applicant, see In re York Int’l Bldg., Inc., 527 F.2d 1061,1068 (9th Cir.1975) (stating that courts “are themselves experts on the value of services rendered in a bankruptcy proceeding and are not bound by the evidence offered”); Brown v. Culpepper, 561 F.2d 1177, 1177-78 (5th Cir.1977) (per cu-riam) (same), the court should to the extent practicable make findings of fact and provide reasoned explanations in …
discussed Cited as authority (rule) Mattie Norman, Clara Marshall, Individually and on Behalf of All Others Similarly Situated v. The Housing Authority of the City of Montgomery
11th Cir. · 1988 · confidence medium
Accord, NAACP v. City of Evergreen, 812 F.2d at 1334 ; King v. McCord, 707 F.2d 466, 468 (11th Cir.1983) (K ing v. McCord II); Mesa Petroleum Company v. Coniglio, 629 F.2d 1022, 1030 (5th Cir.1980); Brown v. Culpepper, 561 F.2d 1177, 1177-78 (5th Cir.1977); Davis v. Board of School Commissioners of Mobile County, 526 F.2d 865, 868 (5th Cir.1976).
cited Cited "see, e.g." HOLY SPIRIT ASS'N, ETC. v. Peterson
N.D. Ill. · 1979 · signal: see, e.g. · confidence low
See, e. g., Brown v. Culpepper, 561 F.2d 1177 (5th Cir. 1977).
Retrieving the full opinion text from the archive…
Edward BROWN Et Al., Plaintiffs-Appellants,
v.
Robert E. L. CULPEPPER, Jr., Superior Court Judge of the South Georgia Judicial Circuit, Et Al., Defendants-Appellees
77-1652.
Court of Appeals for the Fifth Circuit.
Oct 26, 1977.
561 F.2d 1177
1977 U.S. App. LEXIS 11042
Herbert E. Phipps, C. B. King, Albany, Ga., Charles Stephen Ralston, New York City, for plaintiffs-appellants., Frank S. Twitty, Jr., Camilla, Ga., for defendants-appellees.
Ainsworth, Morgan, Gee.
Cited by 20 opinions  |  Published
PER CURIAM:

Defendants assert in their petition for rehearing that under Johnson v. Georgia Highway Express, Inc., 5 Cir., 1974, 488 F.2d 714, we should withdraw that part of our opinion which fixes the amount of attorneys’ fees and that we should remand this matter to the district court for it to establish reasonable counsel fees pursuant to the guidelines set by this court.

We are aware that an award of attorney fees normally falls within the sound discretion of the trial judge. See Johnson v. Georgia Highway Express, Inc., supra, at 716-17; Weeks v. Southern Bell Telephone and Telegraph Co., 5 Cir., 1972, 467 F.2d 95, 97; Culpepper v. Reynolds Metals Co., 5 Cir., 1971, 442 F.2d 1078, 1081; 6 J. Moore, W. Taggart & J. Wicker, Moore’s Federal Practice ¶ 54.77[3], at 1716 (2d ed. 1976). However, “appellate courts, as trial courts, are themselves experts as to the reasonableness of attorneys’ fees, and may, in the interest of justice, fix the fees of counsel albeit in disagreement on the[*1178] evidence with the views of the trial court.” B-M-G Investment Co. v. Continental/Moss Gordin, Inc., 5 Cir., 437 F.2d 892, 893, cert. denied, 402 U.S. 989, 91 S.Ct. 1668, 29 L.Ed.2d 154 (1971), citing Mercantile-Commerce Bank & Trust Co. v. Southeast Arkansas Levee District, 5 Cir., 1939, 106 F.2d 966, 972-73. Accord, Campbell v. Green, 5 Cir., 1940, 112 F.2d 143, 144.

The petition for rehearing is DENIED.