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F.D.I.C. v. PHARAON

No. 98-4166.

178 F.3d 1159 (1999)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee, v. Ghaith R. PHARAON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 22, 1999.

Attorney(s) appearing for the Case

Richard F. Lawler, Angones, Hunter, McClure, Lynch & Williams, Miami, FL, Philip M. Smith, Whitman Breed Abbott & Morgan LLP, New York City, for Defendant-Appellant.

Diana T. Firvida Oliva, Berenthal & Rodriguez, Miami, FL, Barry S. Rosen, Sachnoff & Weaver, LTD, Chicago, IL, Daniel Glenn Lonergan, Legal Division—Federal Deposit, Washington, DC, for Plaintiff-Appellee.

Before TJOFLAT, BLACK and CARNES, Circuit Judges.

BLACK, Circuit Judge:

Appellant Ghaith R. Pharaon challenges the district court's application of the fugitive disentitlement doctrine to strike his answer and enter judgment against him on the Federal Deposit Insurance Corporation's (FDIC's) claims. We conclude the district court erred by applying the fugitive disentitlement doctrine in this case and therefore reverse.

I. BACKGROUND

Appellant is a citizen of Saudi Arabia. In May 1992, a grand jury...

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