Filed: May 05, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 5, 2005 Charles R. Fulbruge III Clerk No. 04-30625 Summary Calendar BRENT ROBINS, KIM ROBINS Plaintiffs-Counter Defendants-Appellants- Cross-Appellees v. BRIAN JARREAU, ET AL Defendants BRIAN JARREAU, KIM JARREAU Defendants-Counter Claimants-Appellees-Cross- Appellants, FOREMOST SIGNATURE INSURANCE COMPANY Defendant-Appellee-Cross-Appellant - Appeal from the United States Distri
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 5, 2005 Charles R. Fulbruge III Clerk No. 04-30625 Summary Calendar BRENT ROBINS, KIM ROBINS Plaintiffs-Counter Defendants-Appellants- Cross-Appellees v. BRIAN JARREAU, ET AL Defendants BRIAN JARREAU, KIM JARREAU Defendants-Counter Claimants-Appellees-Cross- Appellants, FOREMOST SIGNATURE INSURANCE COMPANY Defendant-Appellee-Cross-Appellant - Appeal from the United States Distric..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 5, 2005
Charles R. Fulbruge III
Clerk
No. 04-30625
Summary Calendar
BRENT ROBINS, KIM ROBINS
Plaintiffs-Counter Defendants-Appellants-
Cross-Appellees
v.
BRIAN JARREAU, ET AL
Defendants
BRIAN JARREAU, KIM JARREAU
Defendants-Counter Claimants-Appellees-Cross-
Appellants,
FOREMOST SIGNATURE INSURANCE COMPANY
Defendant-Appellee-Cross-Appellant
--------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:02-CV-159-D
--------------------
Before KING, Chief Judge, and JONES and DENNIS, Circuit Judges.
PER CURIAM:*
This appeal is the latest step in the ongoing feud between
Brent and Kim Robins (the “Robinses”) and their neighbors, Brian
and Kim Jarreau (the “Jarreaus”). The Robinses filed a frivolous
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 04-30625
-2-
civil rights action against the Jarreaus. The district court
dismissed the action and awarded the Jarreaus and their insurer,
Foremost Signature Insurance Company (“Foremost”), $2,500 in
attorneys’ fees as prevailing parties pursuant to 42 U.S.C.
§ 1988(b). We dismissed the Robinses’ appeal as frivolous,
imposed sanctions, and remanded for reconsideration of the award
of attorneys’ fees on the basis that the district court reduced
the award based on unsupported assertions of the Robinses’
financial condition.
On remand, the district court held an evidentiary hearing
and found that the Jarreaus and Foremost had incurred more than
$19,000 in fees. Based on testimony regarding the Robinses’
financial condition, the court reduced the amount to $14,000.
The Robinses now appeal the award. The Jarreaus and
Foremost cross-appeal and move for sanctions pursuant to FED. R.
APP. P. 38. The Jarreaus also move to strike certain exhibits
appended to the Robinses’ reply brief.
The Robinses’ appeal is frivolous. Their brief primarily
consists of the same meritless arguments that this court
previously rejected. The Robinses’ contention that the award is
excessive in light of their inability to pay is unsupported by
any argument or analysis and is without merit in light of their
own conduct in pursuing a patently frivolous lawsuit.
No. 04-30625
-3-
Accordingly, we DISMISS the Robinses’ appeal as frivolous.
5TH CIR. R. 42.2.
We GRANT the motion of the Jarreaus and Foremost for
sanctions and award attorneys’ fees and costs to them. FED.
R. APP. P. 38.
As the exhibits that are the subject of the motion to strike
are irrelevant to the fee award and were not part of the district
court record, we do not consider them on appeal. See Topalian v.
Ehrman,
954 F.2d 1125, 1131 n.10 (5th Cir. 1992). Accordingly,
we DENY the motion to strike the exhibits as moot.
The Jarreaus and Foremost are DIRECTED to file a bill of
costs together with an affidavit setting forth expenses and
attorneys’ fees reasonably incurred by them in connection with
this appeal. See FED. R. APP. P. 39; 5TH CIR. Rs. 39 and 47.8.1.
We further warn the Robinses that any further frivolous
pleadings, including frivolous petitions for rehearing or
rehearing en banc, will subject them to additional sanctions.
The appeal is DISMISSED AS FRIVOLOUS; Appellees’ motion for
sanctions is GRANTED; Appellees’ motion to strike exhibits is
DENIED AS MOOT.