[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 07-15552 October 21, 2008

Non-Argument Calendar THOMAS K. KAHN

________________________ CLERK

D. C. Docket No. 05-00949-CV-T-MAP MORNINGSTAR HEALTHCARE, LLC,

Plaintiff-Appellant,

versus GREYSTONE & CO., INC.,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(October 21, 2008) Before BLACK, CARNES and BARKETT, Circuit Judges. PER CURIAM:

This is an appeal from the district court’s awarding of fees and costs to Greystone & Co., Inc., when it prevailed on its summary judgment motion in Morningstar Healthcare, LLC’s suit against Greystone on a breach of contract claim. Morningstar concedes the order granting fees and costs should be affirmed if its appeal from the granting of summary judgment is unsuccessful. Because we affirmed the district court’s summary judgment order in the companion case Morningstar Healthcare, LLC v. Greystone & Co., Inc., 07-14829, the order awarding fees and costs to Greystone is also AFFIRMED.

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