[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
__________________________________ COURT OF APPEALS
U.S.
ELEVENTH CIRCUIT
JULY 18, 2007
No. 07-10815
THOMAS K. KAHN
Non-Argument Calendar
CLERK
__________________________________
D. C. Docket No. 03-01170-CV-ORL-22DAB
ACTION SECURITY SERVICE, INC.,
a Florida corporation,
Plaintiff-Appellee,
versus
AMERICA ONLINE, INC.,
a foreign corporation,
Defendant-Appellant.
_________________________________
Appeal from the United States District Court
for the Middle District of Florida
__________________________________
(July 18, 2007)
Before TJOFLAT, BIRCH and WILSON, Circuit Judges.
PER CURIAM:
The questions involved in this appeal are well set out in the Reports and
Recommendations of the magistrate judge and the district court’s dispositive order
of January 23, 2007. They are whether appellant failed to meet its burden of
apportioning the fees attributable to its defense of appellee’s civil theft claim – as
distinguished from appellee’s claims for negligence and conversion – and whether
the district court erred in determining that the compensable time appellant spent in
defense of the civil theft claim was excessive.
Having considered the parties’ arguments, we agree with the district court,
for the reasons stated in its dispositive order, that appellant failed to satisfy its
apportionment burden. As for the attorney’s fees, we find no error in the court’s
determination of the hourly rate.
AFFIRMED.
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