Marvin A. Colbert, Jr., et al v. Anheuser-Busch, Inc.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-12937
Non-Argument Calendar
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D.C. Docket No. 3:11-cv-00243-HLA-JBT
MARVIN A. COLBERT, JR.,
TAMMY COLBERT, his wife,
Plaintiffs-Appellants,
versus
ANHEUSER-BUSCH, INC.,
a foreign corporation-for-profit,
Defendant-Appellee,
LESLIE ARMOOGAM,
Defendant.
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Appeal from the United States District Court
for the Middle District of Florida
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(December 9, 2013)
Before HULL, HILL, and FAY, Circuit Judges.
Case: 13-12937 Date Filed: 12/09/2013 Page: 1 of 2

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PER CURIAM:
Plaintiff, Marvin Colbert, Jr. brought this defamation action against his
former employer, Anheuser-Busch, Inc., alleging that defendant’s employee made
a call to the police regarding an incident between plaintiff and his supervisor, and
that this call was defamatory and resulted in his termination. After a jury trial, the
defendant moved for judgment as a matter of law, which the district court granted.
In granting the motion, the district court recited that there was no evidence before
the jury from which it could infer the content of the call to police, much less
whether that content was untrue or defamatory. Furthermore, the court held that
the evidence was overwhelming that plaintiff’s termination had “absolutely
nothing to do with this call,” but rather was the result of the incident between
plaintiff and his supervisor. Finally, the court observed that there was “no
evidence of malice in this case.” As a result of these conclusions, the district court
granted defendant’s motion for a judgment as a matter of law.
We have reviewed the record, the trial transcripts provided, and have read
and considered the parties’ arguments in their briefs. Finding no clear error in the
district court’s view of the evidence, we conclude that its decision to grant
judgment as a matter of law to defendant is due to be
AFFIRMED.
Case: 13-12937 Date Filed: 12/09/2013 Page: 2 of 2

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