NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit MICHAEL S. POWELL, Plaintiff-Appellee, ' V. THE HOME DEPOT U.S.A., INC., Defen,dant-Appellant.

2011-1060 _ Appeal from the United States District C0urt for the Southern DistriCt of Fl0rida in case no. 07-CV-80435, Judge Danie1 T.K. Hur1ey.

ON MOTION ORDER The 1-Iome Depot U.S.A., Inc. moves to dismiss its ap- pea1.

Upon consideration thereof IT ls ORDERED THAT: (1) The motion to dismiss the appeal is granted The appeal is dismissed POWELL V. HOME DEPOT 2 (2) Each side shall bear its own costs.

FoR THE C0UR'r g /s/ Jan H0rbaly Date J an H0rb aly C1erk cc: Dona1d R. Dunner, Esq. s21 George M. Siril1a, Esq.

Issued As A Mandate: 0 9 F U.S. COURT lJ|l?§?PEALS FOFl THE FEDERAL ClHCU1T `r1AR 09 2012 JAuuonaA1v cum