133 F. App'x 607

Queen STARKS, Plaintiff-Appellant, Levi Breedlove, Movant-Appellant, v. MCCALLA, RAYMER, PADRICK, COBB, NICHOLS & CLARK, LLC, Chrissa Hammond, in official capacity and personally, et al, Defendants-Appellees.

No. 04-15428

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

May 10, 2005.

Jule Clifton Lassiter, III, Breedlove & Lassiter, Decatur, GA, for Plaintiff-Appellant and Movant-Appellant.

Dara Lyn Dehaven, Ogletree Deakins Nash Smoak & Stewart, Atlanta, GA, for Defendants-Appellees.

Before BLACK, CARNES and MARCUS, Circuit Judges.

PER CURIAM:

In an earlier opinion, this Court affirmed in part, and vacated and remanded in part the district court’s imposition of sanctions against Levi Breedlove for the submission of a fraudulent letter into the record. We affirmed the imposition of sanctions, but vacated and remanded because the district court failed to consider Breedlove’s financial state prior to deter*608mining the proper amount of sanctions. On remand, the district court found Breedlove had the ability to pay $35,145.75 for the submission of the fraudulent letter. Also before the district court were two related matters not addressed in the appeal: (1) the appropriate amount of sanctions against Breedlove for filing a frivolous motion to stay, and (2) McCalla, Raymer, Padrick, Cobb, Nichols & Clark’s (McCalla’s) motion for an award of all attorneys’ fees, costs, and expenses incurred in defending this suit. Breedlove appeals the district court’s (1) award of sanctions in the amount of $43,890.83 against him (the amount of McCalla’s expenses and attorneys’ fees for the frivolous motion to stay), (2) award of non-monetary sanctions against him, and (3) finding he had the ability to pay a total of $79,036.58 ($35,-145.75 plus $43,890.83) in sanctions.1

After a careful review of the record and the parties’ briefs, we find the district court did not abuse its discretion and affirm for the reasons stated in the district court’s well-reasoned September 30, 2004 order.2

AFFIRMED.

Starks v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
133 F. App'x 607

Case Details

Name
Starks v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
Decision Date
May 10, 2005
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133 F. App'x 607

Jurisdiction
United States

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