[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 06-10003 January 24, 2007 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 03-00596-CV-ORL-31DAB

HOME DESIGN SERVICES, INC.,

Plaintiff-Appellant,

versus

SCHWAB DEVELOPMENT CORPORATION, a Florida Corporation, d.b.a. Schwab Custom Homes, WILLIAM D. KLEIN, MICHAEL P. SCHWAB,

Defendants-Appellees.

________________________

Appeal from the United States District Court for the Middle District of Florida _________________________

(January 24, 2007)

Before ANDERSON, MARCUS and HILL, Circuit Judges.

PER CURIAM: After oral argument and careful consideration, and for the reasons fully

discussed at oral argument, we conclude that the district court’s findings of fact

are not clearly erroneous, and that the district court did not abuse its discretion in

concluding that there were no satisfactory lesser sanctions. We conclude that

there has been no abuse of discretion, and that the judgment of the district court

dismissing this case with prejudice is due to be affirmed.

AFFIRMED

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