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RECTOR v. APPROVED FEDERAL SAV. BANK

No. 01-1191.

265 F.3d 248 (2001)

Edwin RECTOR; Edwin Rector, Trustee; Edwin Rector 1995 Charitable Remainder Trust, Plaintiffs-Appellants, v. APPROVED FEDERAL SAVINGS BANK; Approved Financial Corporation; Allen D. Wykle; Stephen R. Kinnier, Defendants-Appellees, and Coopers & Lybrand, LLP; Price Waterhouse; Patrick M. Barberich; Gray Lambe, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 2001.

Attorney(s) appearing for the Case

ARGUED: Thomas Hunt Roberts, Thomas H. Roberts & Associates, P.C., Richmond, VA, for Appellants. Glen Michael Robertson, Payne, Gates, Farthing & Radd, P.C., Norfolk, VA, for Appellees.

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge WILLIAMS joined. Judge KING wrote a dissenting opinion.

OPINION

GREGORY, Circuit Judge:

In this case of first impression, we must decide whether the 21-day "safe harbor" provision of Fed.R.Civ.P. 11 is a non-waivable rule of jurisdiction. We hold that it is not a jurisdictional rule and affirm the district court's assessment of sanctions.

I.

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