[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-15904 JUNE 7, 2006
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
D. C. Docket No. 04-00428-CV-OC-10-GRJ
DEBORAH A. MCDONALD,
Plaintiff-Appellant,
versus
ALPEN HOUSE LIMITED, CORP.,
a foreign corporation doing
business as Adena Springs
South doing business as
Adena Springs,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(June 7, 2006)
Before TJOFLAT, DUBINA and HULL, Circuit Judges.
PER CURIAM:
Deborah McDonald appeals the district court’s denial of her pre-verdict
motion for judgment as a matter of law. In addition, she requests that we order the
district court to grant an injunction prohibiting Alpen House Limited, Corp., from
future violations of the EPA’s record-keeping requirements, 29 U.S.C. § 211(c); 29
C.F.R. § 1620.32(b).
At the close of all the evidence, McDonald moved the court to grant her
judgment as a matter of law. She failed to renew the motion, however, after the
jury returned its verdict.
In the absence of a post-verdict motion under Federal Rule of Civil
Procedure 50(b), an “appellate court is without power to direct the District Court to
enter judgment contrary to the one it had permitted to stand.” Unitherm Food Sys.
v. Swift-Eckrich, Inc., 126 S.Ct. 980, 985–86, 163 L.Ed.2d 974 (2006) (internal
quotes omitted). Because McDonald failed to renew her motion, we lack authority
to review the motion now.
McDonald asks us to order the district court to grant an injunction
prohibiting Adena from violating the record-keeping provisions of the EPA, as
embodied in 29 U.S.C. § 211(c) and 29 C.F.R. § 1620.32(b). She did not ask the
district court to enter such injunction; hence, we refuse to consider her request
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now. “[A]n issue not raised in the district court and raised for the first time in an
appeal will not be considered by this court.” Access Now, Inc. v. Southwest
Airlines Co., 385 F.3d 1324, 1331 (11th Cir. 2004) (internal quotes and citations
omitted).
AFFIRMED.
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