[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 06-13989 ELEVENTH CIRCUIT
JAN 26, 2007
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D.C. Docket No. 05-00098-CV-ORL-31-DAB
TRISTAR LODGING, INC.,
d.b.a. Hampton Inn,
Plaintiff-Appellant,
versus
ARCH SPECIALTY INSURANCE COMPANY,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(January 26, 2007)
Before BLACK, MARCUS and COX, Circuit Judges.
PER CURIAM:
Tristar Lodging, Inc. (“Tristar”) appeals a judgment entered for Arch Specialty
Insurance Co. (“Arch”). Tristar contends that the magistrate judge erred in disposing
of the case without a jury trial, in refusing to enter a judgment for Tristar confirming
an appraisers’ award, and in denying Tristar an award of attorneys’ fees and costs.
We find no reversible error. Tristar waived any right it had to a jury trial.
(R.6-79 at 2; R.12-101 at 3.) And, we find no error in the magistrate judge’s finding
that “there is no evidence in this record to support . . . a conclusion” that Arch “failed
to timely pay all insurance proceeds due and owing.” (R.7-99 at 14.) (quotation
omitted.) Because there was “no showing that the insurer failed to timely pay claims
properly made and substantiated, sufficient to warrant the suit,” Tristar was not
entitled to attorneys’ fees pursuant to § 627.428 Fla. Stat. (R.7-99 at 18.) And,
Tristar was not entitled to a judgment affirming the appraisal for the reasons stated
in the magistrate judge’s order. (R.7-99 at 19-20.)
AFFIRMED.
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