PEDRAZA v. UNITED GUAR. CORP.

No. 01-15854.

313 F.3d 1323 (2002)

Marie O. PEDRAZA, on behalf of herself and all other persons similarly situated, et al., Plaintiff-Appellee, v. UNITED GUARANTY CORPORATION, United Guaranty Residential Insurance Company, Defendants, Joshua O. Olorunnisomo, Movant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 9, 2002.


Attorney(s) appearing for the Case

Melvin J. Klein, Kent F. Brooks, Dallas, TX, for Movant-Appellant.

Melinda Lawrence, Patterson, Harkavy & Lawrence, L.L.P., Raleigh, NC, Thomas M. Hefferon, Goodwin, Proctor & Hoar, Washington, DC, Thomas W. Tucker, Dye, Tucker, Everitt, Long & Brewton, P.A., Augusta, GA, Michael D. Calhoun, Gulley and Calhoun, Charles A. Bentley, Jr., Bentley & Associates, P.A., Durham, NC, for Plaintiff-Appellee.

Before BLACK and MARCUS, Circuit Judges, and UNGARO-BENAGES, District Judge.


MARCUS, Circuit Judge:

This appeal requires us to address a question of first impression in this circuit: Under what circumstances, if any, can anticipated attorneys' fees properly be included within an appellate cost bond issued by a district court pursuant to either Fed. R.App. P. 7 ("Rule 7") or the court's inherent power to manage its affairs?

The district court concluded that both Rule 7 and its inherent power are legitimate sources of authority for including...

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