1996 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-16-1996

Elliott v. Kiesewetter

Precedential or Non-Precedential:

Docket 95-3104,95-3105

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1996

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1996 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Elliott v. Kiesewetter" (1996). 1996 Decisions. Paper 41.

http://digitalcommons.law.villanova.edu/thirdcircuit_1996/41
 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