The Douglas Stewart Company, Inc. v. HIQO Solutions, Inc.

USCA11 Case: 22-13288 Document: 44-1 Date Filed: 12/01/2023 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________ No. 22-13288 ____________________

THE DOUGLAS STEWART COMPANY, INC.,

Plaintiff-Appellant, versus HIQO SOLUTIONS, INC.,

Defendant-Appellee.

____________________

Appeal from the United States District Court for the Southern District of Georgia

D.C. Docket No. 4:20-cv-00101-WTM-CLR ____________________

Before WILSON, JILL PRYOR, and BRASHER, Circuit Judges. USCA11 Case: 22-13288 Document: 44-1 Date Filed: 12/01/2023 Page: 2 of 2 2 Opinion of the Court 22-13288 PER CURIAM:

Plaintiff-Appellant The Douglas Stewart Company, Inc. (“DSC”) sued Defendant-Appellee HiQo Solutions, Inc. (“HiQo”) for breach of contract under Georgia law, alleging that HiQo failed to provide DSC with an “improved and functional” e- commerce website in compliance with the parties’ Master Ser- vices Agreement (“MSA”). D.E. 1 at 11. Following cross-motions for summary judgment, the district court ruled in HiQo’s favor. Interpreting the MSA, the court concluded as a matter of law that “HiQo never agreed to provide a fully functional website by a specific date, and in fact expressly disclaimed such an obligation.” D.E. 109 at 33. DSC timely appealed.

After reviewing the parties’ briefs, and with the benefit of oral argument, we agree with the district court that DSC failed to demonstrate a genuine issue of material fact regarding whether HiQo breached its obligations under the MSA. We thus affirm based on the district court’s well-reasoned order.

AFFIRMED.