[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ______________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT October 31, 2006 Nos. 06-11352 & 06-13188 THOMAS K. KAHN Non-Argument Calendar CLERK ______________________

D.C. Docket No. 04-21392-CV-DLG

RAFAEL FERNANDEZ,

Plaintiff-Appellant, versus

SILVERSTONE INVESTMENTS, INC., JUAN C. MARTINEZ, JEAN MARC-ROGLIANO, ELENA FRAGA,

Defendants-Appellees.

_______________________

Appeals from the United States District Court for the Southern District of Florida ________________________

(October 31, 2006)

Before TJOFLAT, BLACK and BARKETT, Circuit Judges.

PER CURIAM: The district court denied appellant’s motion for judgment as a matter of law

notwithstanding the jury’s verdict and alternative motion for a new trial on the

issue of damages. The court denied the motion for judgment as a matter of law

because the evidence did not point so overwhelmingly in favor of the plaintiff that

a reasonable jury could not return a verdict for the defendants. After reviewing

the relevant portions of the trial transcript, we agree with the district court and

thus affirm its ruling.

AFFIRMED.

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