[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
SEPTEMBER 18, 2007
No. 06-15499 THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 03-00419-CV-3-RS
ROYAL SURPLUS LINES INSURANCE COMPANY,
Plaintiff-Appellee,
versus
DELTA HEALTH GROUP, INC.,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(September 18, 2007)
Before BIRCH and BARKETT, Circuit Judges, and KORMAN,* District Judge.
PER CURIAM:
Delta Health Group, Inc. appeals the district court’s order granting partial
*
Honorable Edward Korman, United States District Judge for the Eastern District of
New York, sitting by designation.
summary judgment to Royal Surplus Lines Insurance Company, and denying
Delta’s motion for summary judgment. We affirm on the basis of the district
court’s comprehensive opinion dated January 23, 2006, and as amended September
6, 2006.1
AFFIRMED.
1
Delta apparently also seeks to appeal a Magistrate Judge’s protective order. However,
Delta failed to timely challenge the magistrate’s non-dispositive order before the district court.
See Federal Rule of Civil Procedure 72(a) (party has ten (10) days to file any objections to the
magistrate judge’s order). Thus, Delta waived the right to appeal this issue. See Smith v. School
Board of Orange County, 487 F.3d 1361, 1365 (11th Cir. 2007).
2