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IN RE CRESCENT CITY ESTATES, LLC

No. 08-2367.

588 F.3d 822 (2009)

In re CRESCENT CITY ESTATES, LLC, Debtor. MR Crescent City, LLC; McCrary Crescent City, LLC; Michael C. McCrary, Plaintiffs-Appellants, v. Douglas S. Draper; William J. Murphy, Parties-in-Interest-Appellees, and Giannasca Crescent City, LLC; Edward V. Giannasca, II; Crescent City Estates, LLC; Stuart C. Neil Fisher; TJ Biscayne Holdings, LLC; Market Street Properties Palm Beach, LLC; Tamara J. Fisher, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 7, 2009.

Attorney(s) appearing for the Case

ARGUED: Mark Jerome Friedman, DLA Piper U.S. LLP, Baltimore, Maryland, for Appellants. W. Neil Eggleston, Debevoise & Plimpton, LLP, Washington, DC, for Appellees. ON BRIEF: David B. Misler, DLA Piper U.S. LLP, Baltimore, Maryland; William H. Murphy, Jr., Kenneth B. Frank, William H. Murphy, Jr. & Associates, PA, Baltimore, Maryland, for Appellants. Alan M. Grochal, Kristin P. Herber, Tydings & Rosenberg, LLP, Baltimore, Maryland, for Appellee Douglas S. Draper.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge AGEE joined.

OPINION

WILKINSON, Circuit Judge:

This case presents a purely legal question: whether 28 U.S.C. § 1447(c) permits the imposition of legal fees on an attorney who erroneously removes a case from state to federal court. The district court held that it does not. We affirm.

I.

This case began in Maryland state court in February 2007. Several entities with an ownership stake in Crescent City Estates, LLC (collectively, appellants) brought...

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