The Weitz Company, LLC, v. Tremco Incorporated of Ohio

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
OCTOBER 17, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-11854
Non-Argument Calendar
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D.C. Docket No. 1:10-cv-22409-AJ
THE WEITZ COMPANY, LLC,
Plaintiff-Appellant,
versus
TREMCO INCORPORATED OF OHIO,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
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(October 17, 2011)
Before TJOFLAT, WILSON and FAY, Circuit Judges.
PER CURIAM:
The sole issue in this appeal is whether the district court erred in dismissing
under the doctrine of res adjudicata Weitz’s claim that “Tremco’s negligent

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advice regarding the sufficiency of the subcontractor’s installation of Tremco’s
product caused Weitz millions of dollars in damages because it had to replace the
materials constructed over the improperly installed waterproofing material.”
Appellant’s Br. at 1. For the reasons the district court stated in its dispositive
order of March 28, 2011, we agree that the doctrine barred Weitz’s claim.
AFFIRMED.
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