United States Eleventh Circuit

Although anticipated attorneys' fees may properly be included within an appellate cost bond issued by a district court pursuant to either Fed. R. App. P. 7 or the court's inherent power, such inclusion was error because the Real Estate Settlement Procedures Act's fee-shifting provision does not define "costs" to include attorneys' fees.

Appellate Information

• Decided 12/09/2002
• Published 12/09/2002

Judges

• MARCUS, Circuit Judge:, Before BLACK and MARCUS, Circuit Judges, and UNGARO-BENAGES, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Melvin J. Klein,Kent F. Brooks, Dallas, TX, for Movant-Appellant.


• For Appellees:
  
• Melinda Lawrence, Patterson, Harkavy & Lawrence, L.L.P., Raleigh, NC, Thomas M. Hefferon, Goodwin, Proctor & Hoar, Washington, DC, Thomas W. Tucker, Dye, Tucker, Everitt, Long & Brewton, P.A., Augusta, GA, Michael D. Calhoun, Gulley and Calhoun, Charles A. Bentley, Jr., Bentley & Associates, P.A., Durham, NC, for Plaintiff-Appellee.