Michael Ramjeawan, et al v. Bank of America

11-11419Court of Appeals for the Eleventh Circuit11 juil. 2012

Texte intégral

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 11, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-11419
Non-Argument Calendar
________________________
D.C. Docket No. 1:09-cv-20963-MGC
MICHAEL RAMJEAWAN,
RITIE B. RAMJEAWAN,
Plaintiffs-Appellees,
versus
BANK OF AMERICA CORPORATION,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(July 11, 2012)
Before EDMONDSON, MARTIN and COX, Circuit Judges.
PER CURIAM:
The Plaintiffs Michael Ramjeawan and Ritie B. Ramjeawan sued the Defendant
Bank of America, N.A. for negligence and civil theft. The case was tried to a jury,

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which found in favor of the Ramjeawans on the negligence counts and awarded
compensatory damages in the amount of $528,531.01 and punitive damages in the
amount of $150,000.00. The jury found in favor of the Bank on the civil theft claim.
The Bank appeals, challenging the district court's denial of the Bank's post-trial
Fed. R. Civ. P. 50(b) motion for judgment as a matter of law, which alleged that the
Ramjeawans failed to present sufficient evidence to support the award of punitive
damages. We have considered the briefs of the parties and conclude that the district
court did not err in denying this motion.
The Bank also contends that the district court erred in denying the Bank's
request for attorney's fees because the civil theft claim was without substantial factual
or legal support. We conclude that the denial of this motion did not constitute an
abuse of discretion.
AFFIRMED.
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