Debra Taylor Johnson v. Stein Mart, Inc.

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT May 5, 2008 No. 07-13338 THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 06-00341-CV-J-33TEM DEBRA TAYLOR JOHNSON, Plaintiff-Appellant, versus STEIN MART, INC., Defendant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (May 5, 2008) Before BIRCH, DUBINA and HILL, Circuit Judges. PER CURIAM: Having carefully considered the record, the briefs of the parties, and having heard oral argument, we VACATE and REMAND to allow the district court to complete the record. The district court should be guided by our prior decision in Snook v. Trust Co. Of Ga. Bank of Savannah, N.A., 859 F.2d 865 (11th Cir. 1988). Appellant’s Motion to Certify Question to Florida Supreme Court is therefore DENIED. 2