Robins v. Jarreau , 130 F. App'x 673 ( 2005 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                   May 5, 2005
    Charles R. Fulbruge III
    Clerk
    No. 04-30625
    Summary Calendar
    BRENT ROBINS, KIM ROBINS
    Plaintiffs-Counter Defendants-Appellants-
    Cross-Appellees
    v.
    BRIAN JARREAU, ET AL
    Defendants
    BRIAN JARREAU, KIM JARREAU
    Defendants-Counter Claimants-Appellees-Cross-
    Appellants,
    FOREMOST SIGNATURE INSURANCE COMPANY
    Defendant-Appellee-Cross-Appellant
    --------------------
    Appeal from the United States District Court
    for the Middle District of Louisiana
    USDC No. 3:02-CV-159-D
    --------------------
    Before KING, Chief Judge, and JONES and DENNIS, Circuit Judges.
    PER CURIAM:*
    This appeal is the latest step in the ongoing feud between
    Brent and Kim Robins (the “Robinses”) and their neighbors, Brian
    and Kim Jarreau (the “Jarreaus”).    The Robinses filed a frivolous
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    No. 04-30625
    -2-
    civil rights action against the Jarreaus.    The district court
    dismissed the action and awarded the Jarreaus and their insurer,
    Foremost Signature Insurance Company (“Foremost”), $2,500 in
    attorneys’ fees as prevailing parties pursuant to 
    42 U.S.C. § 1988
    (b).    We dismissed the Robinses’ appeal as frivolous,
    imposed sanctions, and remanded for reconsideration of the award
    of attorneys’ fees on the basis that the district court reduced
    the award based on unsupported assertions of the Robinses’
    financial condition.
    On remand, the district court held an evidentiary hearing
    and found that the Jarreaus and Foremost had incurred more than
    $19,000 in fees.   Based on testimony regarding the Robinses’
    financial condition, the court reduced the amount to $14,000.
    The Robinses now appeal the award.    The Jarreaus and
    Foremost cross-appeal and move for sanctions pursuant to FED. R.
    APP. P. 38.   The Jarreaus also move to strike certain exhibits
    appended to the Robinses’ reply brief.
    The Robinses’ appeal is frivolous.    Their brief primarily
    consists of the same meritless arguments that this court
    previously rejected.    The Robinses’ contention that the award is
    excessive in light of their inability to pay is unsupported by
    any argument or analysis and is without merit in light of their
    own conduct in pursuing a patently frivolous lawsuit.
    No. 04-30625
    -3-
    Accordingly, we DISMISS the Robinses’ appeal as frivolous.
    5TH CIR. R. 42.2.
    We GRANT the motion of the Jarreaus and Foremost for
    sanctions and award attorneys’ fees and costs to them.       FED.
    R. APP. P. 38.
    As the exhibits that are the subject of the motion to strike
    are irrelevant to the fee award and were not part of the district
    court record, we do not consider them on appeal.       See Topalian v.
    Ehrman, 
    954 F.2d 1125
    , 1131 n.10 (5th Cir. 1992).       Accordingly,
    we DENY the motion to strike the exhibits as moot.
    The Jarreaus and Foremost are DIRECTED to file a bill of
    costs together with an affidavit setting forth expenses and
    attorneys’ fees reasonably incurred by them in connection with
    this appeal.     See FED. R. APP. P. 39; 5TH CIR. Rs. 39 and 47.8.1.
    We further warn the Robinses that any further frivolous
    pleadings, including frivolous petitions for rehearing or
    rehearing en banc, will subject them to additional sanctions.
    The appeal is DISMISSED AS FRIVOLOUS; Appellees’ motion for
    sanctions is GRANTED; Appellees’ motion to strike exhibits is
    DENIED AS MOOT.
    

Document Info

Docket Number: 04-30625

Citation Numbers: 130 F. App'x 673

Judges: Dennis, Jones, King, Per Curiam

Filed Date: 5/5/2005

Precedential Status: Non-Precedential

Modified Date: 8/2/2023