Florists' Mutual Ins. Co. v. Lewis Taylor Farms

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

FILED No. 08-13922 U.S. COURT OF APPEALS

________________________ ELEVENTH CIRCUIT

APRIL 2, 2009 THOMAS K. KAHN

D. C. Docket No. 05-00050-CV-HL-7 CLERK

FLORISTS’ MUTUAL INSURANCE COMPANY, QUALITY PRODUCE, LLC,

Plaintiffs-Appellees, LEWIS TAYLOR FARMS, INC., LTF GREENHOUSE, LLC,

Plaintiffs-Cross- Defendants-Appellees, versus

DL&B ENTERPRISES, INC.,

Defendant-Third-Party- Cross-Claimant-Appellant.

________________________

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

(April 2, 2009)

Before TJOFLAT and ANDERSON, Circuit Judges, and WOOD,* District Judge. PER CURIAM:

We have held oral argument and carefully considered this case. We agree with the district court that the case presents a close question as to whether DL&B bought goods from LTF, or bought services. We do not reach that issue. Rather, we affirm the judgment of the district court on the basis of the district court’s alternative holding that the damages were speculative. The control field upon which DL&B relies simply does not meet the standard required under Georgia law to prove damages.

AFFIRMED.