[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

________________________ ELEVENTH CIRCUIT

JAN 21, 2009

No. 08-11799 THOMAS K. KAHN

________________________ CLERK

D. C. Docket No. 03-00718-CV-ORL-31-KRS MODERN, INC., a Florida corporation, FIRST OMNI SERVICE CORP., a Florida corporation,

Plaintiffs-Appellants,

versus STATE OF FLORIDA, UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION,

Defendants-Appellees, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,

Defendant-Third-Party-

Plaintiff-Appellee,

versus BREVARD COUNTY, et al.,

Third-Party-Defendants.

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(January 21, 2009) Before HULL, WILSON and HILL, Circuit Judges. PER CURIAM:

After review and oral argument, we conclude that Appellants Modern, Inc. and First Omni Service Corp. have not shown reversible error in the district court’s January 28, 2008 order, which was entered after a three-week bench trial and which grants final judgment in favor of the Appellees.

AFFIRMED.

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