Curtis Longino Waller
How Judge Waller rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Waller no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Waller
Curtis Longino Waller was a judge of the United States Court of Appeals for the Fifth Circuit. Appointed by President Franklin D. Roosevelt, Judge Waller received a commission on March 10, 1943. Judge Waller previously served on the United States District Court for the Southern District of Florida, commissioned there on June 19, 1940. Judge Waller served until death on July 11, 1950.
How Judge Waller decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Chambless v. Woods, he reversed a rent-control judgment because the government relied on a local attorney's oral testimony about the maximum allowable rent rather than the available rent record, despite bearing the burden of proof.
“The burden of making proof as to the maximum rental was on the plaintiff.”
Requires federal jurisdictional facts to appear affirmatively in the complaint.
“The Federal Court is one of limited jurisdiction and in every case the jurisdictional facts must be alleged affirmatively or the Court is without jurisdiction.”
Procedural preferences
Rejects a judge-directed quotient verdict as an improper method for fixing condemnation value.
“Quotient verdicts have been generally denominated ‘gambling verdicts’ and this is an improper method to be used by jurors in arriving at a verdict.”
Avoids anticipatory merits review during an administrative investigation absent serious abuse.
“There seems to be no real necessity for judicial review of the administrative process of investigation in the absence of a clear showing of unreasonableness or gross abuse of that administrative function.”
Cautions
Treats the amount of a jury verdict as a matter for the jury and trial court rather than a basis for appellate correction alone.
“This Court has no jurisdiction to correct a verdict merely because it is excessive.”
In Ætna Life Insurance v. Carrillo, Waller affirmed the jury’s verdict after finding a jury question and competent, substantial evidence to support the result.
“It is not necessary, in order to uphold a jury's verdict, that this Court concur in every fact found by the jury but merely that it determine that a jury question was involved and that there was competent and substantial evidence to support the jury’s verdict.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judgment affirmed.”
“The motion to dismiss the appeal is denied.”
“The judgment of the Court below is affirmed.”
“The judgment appealed from is reversed, and the cause remanded for further proceedings riot inconsistent with this opinion.”
“the decision of the Tax Court is affirmed.”
“The decision of the Board of Tax Appeals is, therefore, affirmed.”
A historical record
Judge Waller no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.