T. A. Wyner v. David B. Struhs

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED _____________________________U.S. COURT OF APPEALS ELEVENTH CIRCUIT

AUGUST 23, 2007

No. 04-14750

_____________________________ THOMAS K. KAHN CLERK

D. C. Docket No. 03-80103 CV-DMM

T.A. WYNER, GEORGE SIMON,

Plaintiffs-Appellees,

versus

MICHAEL W. SOLE, in his official capacity as Secretary, Florida Department of Environmental Protection, TERENCE COULLITTE, individually and in his official capacity as Park Manager of John D. MacArthur Beach State Park,

Defendant-Appellant,

_________________________________________

Appeal from the United States District Court for the Southern District of Florida

_________________________________________

(August 23, 2007)

ON REMAND FROM THE

UNITED STATES SUPREME COURT

Before EDMONDSON, Chief Judge, BARKETT, Circuit Judge, and HUNT,* District Judge.

PER CURIAM:

In the light of the Supreme Court’s decision in this case, Sole v. Wyner, 127 S. Ct. 2188 (2007), we VACATE the district court’s order awarding Plaintiffs attorney’s fees under 42 U.S.C. § 1988 and REMAND the case to the district court for further proceedings in conformity with the Supreme Court’s ruling.

SO ORDERED.

*

Honorable Willis B. Hunt, Jr., United States District Judge for the Northern District of Georgia, sitting by designation.