                                                            [DO NOT PUBLISH]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.

                                                  2
