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

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 1, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-10254
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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.

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Appeal from the United States District Court
for the Middle District of Florida
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(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.
2

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