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United States Fourth Circuit


Wendt v. Leonard, 04-1265

Denial of plaintiff's motion to vacate an order awarding attorneys fees in an underlying civil rights case, involving the seizure of plaintiff's boat, is affirmed where plaintiff failed to show that the order awarding fees was void due to the district court's lack of subject matter jurisdiction in the underlying case.

Appellate Information

  • Decided 12/12/2005
  • Published 12/13/2005

Judges

  • Before TRAXLER and GREGORY, Circuit Judges, and R. BRYAN HARWELL, United States District Judge for the District of South Carolina, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  David Joseph Arkush, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Amicus Supporting Appellant.  Janet Marie Lyles, Davis, Murrelle & Lyles, P.A., Beaufort, North Carolina, for Appellees.   ON BRIEF:  Peter Wendt, Beaufort, North Carolina, Appellant Pro Se. Steven H. Goldblatt, Director, Elizabeth B. Wydra, Supervising Attorney, Leah S. Schmelzer, Student, Robert T. Smith, Student, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Amicus Supporting Appellant.
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