Weiner v. Southeast Banking Corp.

51 F.3d 1003, 31 Fed. R. Serv. 3d 990, 1995 U.S. App. LEXIS 10277, 1995 WL 236712

• Court: Court of Appeals for the Eleventh Circuit
• Decided: May 9, 1995
• Docket: 94-4006
• Status: Published

Opinion

PER CURIAM:

This appeal arises from a class action settled against Southeast Banking Corporation. The district court approved the settlement and was faced with the issue of attomeys’s fees and costs. William A. Brandt, Jr., as administrator of a pension plan for former Southeast Bank employees, objected to the request for attorneys’s fees by class counsel. The district judge overruled the objection and approved attorneys’s fees of twenty-five percent of the settlement. Brandt attempts to appeal that ruling.

Brandt was not a named party. He never moved to intervene in the class action as administrator of the pension plan. Here, he attempts to base standing to appeal on his having objected to the request for attorneys’s fees.

We find that our Circuit’s precedent is clearly established in Guthrie v. Evans, 815 F.2d 626 (11th Cir.1987). Brandt, a non-named class member who failed to intervene, lacks standing to appeal the district court’s order on attorneys’s fees. Accordingly, we dismiss the appeal.

APPEAL DISMISSED.