[DO NOT PUBLISH]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.