[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 07-15167 ELEVENTH CIRCUIT DEC 16, 2008 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 06-61841 CV-JIC

ELIZABETH MELLOR, JAMES MELLOR, as Co-Administrators of the Estate of Jason Mellor,

Plaintiffs-Appellees,

versus

JENS PETER MOE,

Defendant-Appellant.

________________________

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

(December 16, 2008)

Before EDMONDSON, Chief Judge, and ANDERSON, Circuit Judges, and COHILL,* District Judge.

PER CURIAM: ____________________ *Honorable Maurice B. Cohill, Jr., United States District Judge for the Western District of Pennsylvania, sitting by designation. We reject Moe’s jurisdictional challenge for the reasons set out in the district court’s

September 27, 2007, opinion. We also reject Moe’s challenge to the damages assessed; we cannot

conclude that the district court erred.

AFFIRMED.

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