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ANDREWS v. AMERICA'S LIVING CENTERS, LLC

No. 15-1658.

827 F.3d 306 (2016)

Stella ANDREWS, individually and on behalf of similarly situated persons, Plaintiff-Appellant, v. AMERICA'S LIVING CENTERS, LLC, a for profit limited liability corporation, organized under the laws of the State of North Carolina, doing business as; Carolina Living Center; Carolina Living Center #1; Zion Hill Living Center; Golden Harvest Living Center #1; Golden Harvest Living Center #2; Union Mills Living Center #1; Union Mills Living Center #2; Union Mills Living Center #3; Four Seasons Family Care Home; Transylvania Living Center; Kenneth Hodges, individually & as mbr/mgr of America's Living Ctrs LLC, & owner &/or mgr of Carolina Living Ctrs; Carolina Living Ctr 1; Golden Harvest Living Ctrs 1 & 2; Union Mills Living Ctrs 1, 2 & 3; Four Seasons Family Care Home; & Transylvania Living Ctr, Defendants-Appellees. John J. Korzen, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 28, 2016.

Attorney(s) appearing for the Case

ARGUED: Joseph H. Cassell , Eron Law, P.A., Wichita, Kansas, for Appellant. Ashley S. Escoe , Rolf Garcia-Gallont , Wake Forest University School of Law, Winston-Salem, North Carolina, for Court-Assigned Amicus Counsel. ON BRIEF: John J. Korzen , Court-Assigned Amicus Counsel, Wake Forest University School of Law, Winston-Salem, North Carolina.

Vacated, reversed, and remanded for proceedings consistent with this published opinion. Judge Gregory wrote the opinion, in which Chief Judge Traxler and Senior Judge Anderson joined.

Stella Andrews appeals the district court's dismissal of her action in light of her failure to pay attorneys' fees from a prior action under Federal Rule of Civil Procedure 41(d). While we conclude that Rule 41(d) may permit the award of attorneys' fees under certain circumstances, those circumstances are not present here...

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