[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEB 21, 2007
No. 06-14867 THOMAS K. KAHN
Non-Argument Calendar CLERK
D. C. Docket No. 05-00068-CV-T-23-EAJ
JOSEPH M. WILLIAMS,
Esquire, as Administrator Ad Litem
of the Estate of Paul Mosley, Jr.,
Plaintiff-Appellant,
versus
FLORIDA HEALTH SCIENCES CENTER, INC.,
d.b.a Tampa General Hospital,
Defendant-Appellee.
Appeal from the United States District Court
for the Middle District of Florida
(February 21, 2007)
Before TJOFLAT, DUBINA and CARNES, Circuit Judges.
PER CURIAM:
This appeal challenges the district court’s order of July 19, 2006 dismissing
appellants’ claim(s) on the basis of res judicata, Record, Vol. 3 at Tab 84, the
court’s July 20, 2006 judgment entered pursuant to that order, Id. at Tab 85, and
the court’s August 9, 2006 order denying appellant’s motion to alter or amend that
judgment, for rehearing, and for sanctions, Id. at Tab 96. In his opening brief to
us, appellant also challenges the court’s June 27, 2005 order granting appellee’s
motion to set aside default and denying appellant’s motion for default judgment,
Record, Vol. 1 at Tab 31.
We find no abuse of discretion in the district court’s action in setting aside
the default, and therefore affirm its June 27, 2005 order. We find no error in the
court’s application of the doctrine of res judicata, and therefore affirm its July 19,
2006 order and the final judgment entered the next day. Finally, we find no cause
for disturbing the court’s August 9, 2006 order denying appellant’s motion to alter
or amend etc.
AFFIRMED.
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