Thursday, September 04, 2003
5th Circuit Enters Final Judgments For Estate
New Orleans - The United States Court of Appeals, 5th Circuit, has now issued three final judgments and mandates against David Miscavige's Religious Technology Center, RTC, and in favor of (1), The Estate of Lisa McPherson, (2), Dell Liebreich, and (3), Kennan G. Dandar, Thomas J. Dandar, and Dandar & Dandar, P.A.. The appellate court remanded the cases back to the trial court in the Eastern District of Texas, Tyler Division, to enter further Final Judgments according to the appellate decision finding a total lack of jurisdiction. The appellate court also granted an award of costs against RTC. Once the case is again before the trial court, then the victorious Estate and Dell and their counsel will move for attorney fees and costs as well as to return to Dandar the cash bond in excess of $100,000.
These aren't reflected on the docket yet for the Fifth Circuit, but the trial court's docket indicates that RTC, in a collossal display of stupidity and gall, actually filed another motion for sanctions, despite the fact the appeals court clearly ruled the trial court never even had jurisdiction. The Fifth Circuit instantly smacked it down.
8/29/03 -- Record on appeal returned from U.S. Court of Appeals: [207-1] appeal, [201-1] appeal, [191-1] appeal, [177-1] appeal, [173-1] appeal - receiving 12 volumes documents, five transcripts, one set exhibits and one volume supplemental documents (mc) [Entry date 09/03/03]--
9/2/03 210 MOTION by Dell Liebreich for release of cash bond (ft) [Entry date 09/03/03]
9/3/03 211 (RENEWED) MOTION by Religious Tech for sanctions, and for attorney fees pursuant to 28 USC 1927 upon remand (ft) [Entry date 09/04/03]