Opinions of the United
1996 Decisions States Court of Appeals
for the Third Circuit
10-16-1996
Elliott v. Kiesewetter
Precedential or Non-Precedential:
Docket 95-3104,95-3105
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Recommended Citation
"Elliott v. Kiesewetter" (1996). 1996 Decisions. Paper 41.
http://digitalcommons.law.villanova.edu/thirdcircuit_1996/41
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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
Nos. 95-3104 and 95-3105
___________
CONSTANCE K. ELLIOTT; PATRICIA J.
KIESEWETTER; LINTON A. ELLIOTT; CHARLES L.
ELLIOTT, individually and/or as a Minor, by
Constance K. Elliott, his Parent and
Guardian; JONATHAN B. ELLIOTT, a Minor by
Constance K. Elliott, the Parent and Guardian
vs.
WILLIAM B. KIESEWETTER, JR.
WILLIAM B. KIESEWETTER, JR. and
JAYNE H. KIESEWETTER*
(*Pursuant to Rule 12(a), F.R.A.P),
Appellants No. 95-3104.
___________
CONSTANCE K. ELLIOTT; PATRICIA J.
KIESEWETTER; LINTON A. ELLIOTT; CHARLES L.
ELLIOTT; JONATHAN B. ELLIOTT, Minors by
Constance K. Elliott, their parent and
guardian
vs.
WILLIAM B. KIESEWETTER, JR.
JAYNE H. KIESEWETTER
WILLIAM B. KIESEWETTER, JR. and
JAYNE H. KIESEWETTER
Appellants No. 95-3105.
___________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
(D.C. Civil Nos. 93-cv-00753 and 94-cv-00576)
___________
ARGUED MARCH 4, 1996
BEFORE: MANSMANN, ALITO, LEWIS, Circuit Judges.
___________
ORDER AMENDING SLIP OPINION
__________
IT IS HEREBY ORDERED that the Slip Opinion filed in
this case on October 9, 1996, be amended as follows:
At the end of the first paragraph under Section II.A.
(page 4) the following footnote shall be added:
The subject matter jurisdiction of the
district court for both the Accounting Action
and the Fraudulent Conveyance Action was
based upon 28 U.S.C. § 1332, diversity of
citizenship. The matter in controversy in
each action is in excess of $50,000 and each
dispute is between citizens of different
states.
We have appellate jurisdiction, pursuant
to 28 U.S.C. § 1292(a)(1), over all
interlocutory orders of a district court
which grant, continue, modify, refuse, or
dissolve injunctions.
After the jury returned a verdict
against the Kiesewetters, the Beneficiaries'
moved for a preliminary injunction. The
district court entered a bench order in both
the Accounting Action and the Fraudulent
Conveyance Action freezing all assets held in
the name or on behalf of William B.
Kiesewetter, Jr, including those jointly held
with Jayne H. Kiesewetter. On February 1,
1995, the district court reduced the bench
order into a memorandum order which addressed
a number of other matters that are unrelated
to the prejudgment asset freeze. The
Kiesewetters filed this appeal from only the
asset freeze provisions of the February 1,
1995 order.
BY THE COURT
/s/ Timothy K. Lewis
Circuit Judge
Dated: October 16, l996