[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 08-12199 ELEVENTH CIRCUIT
JULY 27, 2010
________________________
JOHN LEY
CLERK
DAVID W. CORBITT,
ALEXANDER J. RAYA, JR.,
Plaintiffs-Appellants,
versus
HOME DEPOT U.S.A., INC.,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Alabama
_________________________
BEFORE: DUBINA, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, BLACK,
CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and MARTIN.
BY THE COURT:
On July 19, 2010, the parties in the above-entitled appeal, filed a Joint
Motion to Dismiss Appeal with Prejudice. Upon consideration of those matters
contained in the parties’ joint motion, and for good cause shown, it is ORDERED
that said motion be and the same is hereby GRANTED. The panel opinion,
published in 589 F.3d 1136, had already been vacated by our order granting
rehearing en banc. Corbitt v. Home Depot U.S.A., Inc., 598 F.3d 1259, 1259 (11th
Cir. 2010) (en banc). The judgment of the district court is vacated and the case is
remanded to the district court with instructions that the case be dismissed. See
Key Enterprises of Delaware, Inc. v. Venice Hospital, 9 F.3d 893, 894 & 898-99
(11th Cir. 1993) (en banc) (per curiam). Each party is to bear its own costs and
attorney’s fees, subject to any separate agreement by the parties.
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