Home Depot USA, Inc. v. Amore Construction Co.

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 1, 2010
• Docket: 09-10254
• Status: Unpublished

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT MARCH 1, 2010 No. 09-10254 JOHN LEY ________________________ CLERK

D. C. Docket No. 07-01372-CV-T-26-EAJ

HOME DEPOT USA, INC., a Delaware corporation,

Plaintiff-Counter- Defendant-Appellee,

versus

AMORE CONSTRUCTION COMPANY, a Florida corporation,

Defendant-Cross- Defendant-Counter- Claimant-Appellant,

DAVID BARRON LAND DEVELOPMENT, INC., a Florida corporation,

Defendant-Cross- Claimant-Counter- Claimant-Appellant. ________________________

Appeal from the United States District Court for the Middle District of Florida ________________________ (March 1, 2010)

Before TJOFLAT, PRYOR and MARTIN, Circuit Judges.

PER CURIAM:

In this case, the district court, following a bench trial, found for plaintiff

Home Depot on its claim for declaratory relief and against defendants Amore

Construction and David Barron Land Development on their counterclaims for

breach of contract, unjust enrichment, quantum meruit, and negligent

misrepresentation. After hearing oral argument of counsel in defendants' appeal,

we agree with the district court, for the reasons stated in its dispositive order of

December 15, 2008, that the defendants' counterclaims lack merit.

AFFIRMED.