[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
FILED
No. 07-11731 U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
________________________ September 19, 2008
THOMAS K. KAHN
D. C. Docket No. 05-01280 CV-J-12-MCR CLERK
NEW HAMPSHIRE INDEMNITY COMPANY, INC,
Plaintiff-Counter-
Defendant-Appellee,
versus
DONNA REID, as Personal Representative
of the Estate of Jonathan Merlino, deceased,
HELEN KEARNS, as Personal Representative of
the Estate of Eric Scott Kearns, deceased,
Defendants-Counter-
Claimants-Appellants.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(September 19, 2008)
Before ANDERSON, BARKETT and HILL, Circuit Judges.
PER CURIAM:
After oral argument and careful consideration, we conclude that the
judgment of the district court is due to be affirmed. We have carefully reviewed
the relevant Florida case law, and have compared the instant facts against the facts
in those cases. We conclude that a reasonable jury would have to conclude under
the facts of this case, and in light of the Florida case law, that Anderson, Jr. had
moved out of his parents’ home and was living apart in the duplex. The fact that
he was receiving some financial support from his parents is not alone sufficient to
make him a member of the family under the policy and the case law.
AFFIRMED.
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