Bailey Industries, Inc. v. Amerisure Mutual Insurance Company

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT NOVEMBER 22, 2011 No. 11-12596 JOHN LEY ________________________ CLERK D. C. Docket No. 5:10-cv-00072-HLA-MCR BAILEY INDUSTRIES, INC., Plaintiff-Appellee, versus AMERISURE MUTUAL INSURANCE COMPANY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (November 22, 2011) Before HULL, MARCUS and BLACK, Circuit Judges. PER CURIAM: After review and oral argument, we conclude that Defendant-Appellant Amerisure Mutual Insurance Company has not shown any reversible error in the district court’s order, dated May 6, 2011, granting summary judgment in part in favor of Plaintiff-Appellee Bailey Industries, Inc., as to the claim for $188,780.73. There was no cross-appeal of the district court’s grant of summary judgment in part to Defendant-Appellant Amerisure as to the additional $540.00 sought by Plaintiff-Appellee Bailey Industries. AFFIRMED. 2