Prime Insurance Syndicate v. Thomas J. Conboy

U.S. Court of Appeals for the Eleventh Circuit

Prime Insurance Syndicate v. Thomas J. Conboy

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

FILED

No. 07-10232 U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

Non-Argument Calendar October 19, 2007

________________________ THOMAS K. KAHN

CLERK

D.C. Docket No. 05-00351-CV-BE-E PRIME INSURANCE SYNDICATE, INC., THE,

Plaintiff-Appellant,

versus THOMAS J. CONBOY, JAMES S. ROBERTS, TOWNES, WOODS & ROBERTS, P.C.,

Defendants-Appellees.

________________________

Appeal from the United States District Court

for the Northern District of Alabama

________________________

(October 19, 2007) Before TJOFLAT, HULL and COX, Circuit Judges. PER CURIAM:

The Plaintiff appeals following the district court's grant of summary judgment to the Defendants on all four counts of its complaint. The court erred, the Plaintiff contends, in granting summary judgment on each of the counts. We affirm.

Summary judgment was properly granted on the tortious interference claims in Counts I and II because of a break in the chain of causation as outlined in the district court's Memorandum Opinion. (R.2-86 at 6.) Similarly, summary judgment was properly granted on the abuse of process claim in Count III for the same reason, as explained in the district court's Memorandum Opinion. (R.2-86 at 6-7.)

And finally, summary judgment was properly granted on the Count IV civil conspiracy claim because the Plaintiff failed to establish a tort underlying any alleged conspiracy. We express no opinion as to whether any assignment of the bad faith claim would be effective because any such assignment, even if ineffective, would not be tortious.

AFFIRMED.

2

Reference

Status
Unpublished