[DO NOT PUBLISH]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.