Acevedo Diaz v. Aponte

• Court: Court of Appeals for the First Circuit
• Decided: February 26, 1993
• Docket: 92-1847
• Status: Unpublished

Opinion

February 9, 1993 [NOT FOR PUBLICATION] [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 92-1847

FRANCO ACEVEDO DIAZ, ET AL.,

Plaintiffs, Appellees,

v.

JOSE E. APONTE DE LA TORRE, ET AL.,

Defendants, Appellees.

DIANETTE MATOS, ET AL.,

Plaintiffs, Appellants.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

[Hon. Justo Arenas, U.S. Magistrate Judge]

Before

Selya, Cyr and Stahl, Circuit Judges.

Raul Barrera Morales for appellants.

William Reyes Elias, with whom Cesar R. Miranda Law Office

was on brief, for defendants-appellees.

Per Curiam. The appellants herein, plaintiffs Per Curiam.

below, appeal from adverse jury verdicts. We have canvassed the

record, studied the briefs, and entertained oral argument.

The evidence was clearly conflicting. And, moreover,

the plaintiffs neither challenged the magistrate judge's jury

instructions nor moved for a new trial after the verdicts were

rendered. Under the circumstances, we need go no further: we

decline to disturb the jury's evaluative judgments, its

resolution of evidentiary conflicts, or its choice among what

were, at the very least, plausible, albeit competing, inferences.

See La Amiga del Pueblo, Inc. v. Robles, 937 F.2d 689, 691 (1st

Cir. 1991).

This appeal, in its present posture, presents no fairly

debatable question for appellate review. We, therefore,

summarily affirm.1 See 1st Cir. Loc. R. 27.1.

Affirmed.

1The companion appeals, Nos. 92-1846 and 92-1848, consolidated for oral argument before us, will be resolved by separate opinion.