Opinion
Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.
September 16, 1971.
Appeal from the United States District Court for the Middle District of Florida; Joseph P. Lieb, Chief Judge.
Gary M. Witters, of Allen, Dell, Frank Trinkle, Tampa, Fla., for Home Indem. Co.
William F. McGowan, Jr., of Carlton, Fields, Ward, Emmanuel, Smith Cutler, Tampa, Fla., for Southport Terminals, Inc.
Before COLEMAN, SIMPSON and MORGAN, Circuit Judges.
Southport Terminals, Inc. applies for the allowance under Florida Statute Section 627.0127, F.S.A. of additional attorneys' fees as a part of the costs on this appeal. The statute contemplates such fees, but we deem it appropriate that their allowance be considered by the District Court rather than by this Court. That court is directed to consider an application therefor by Southport upon the going down of our mandate. Serbin, Inc. v. Key West Hand Print Fabrics, Inc., 5 Cir. 1967, 381 F.2d 735, 736; D/S Ove Skou v. Hebert, 5 Cir. 1966, 365 F.2d 341, 353.
See N.L.R.B. v. Amalgamated Clothing Workers of America, 5 Cir. 1970, 430 F.2d 966.