[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
NOV 18, 2008
No. 07-10164
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 03-23269-CV-JAL
KOBARID HOLDINGS, SA,
a Luxemborg Corporation,
TAMBOURINE COMERCIO, INTERNATIONAL SA,
a Portugese Corporation, et. al.,
Plaintiffs-Appellees,
versus
EDWARD MERRIT REIZEN,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(November 18, 2008)
Before HULL, MARCUS and KRAVITCH, Circuit Judges.
PER CURIAM:
In this appeal, we are called upon to address whether the Appellee Hawksbay
Ltd. (“Hawksbay”) presented sufficient evidence to support a jury verdict and final
judgment of almost $40 million rendered against Appellant Edward Merrit Reizen
(“Reizen”) in this diversity action. Hawksbay claimed that Reizen breached his
fiduciary duty, engaged in fraud, fraudulent concealment, conversion, civil theft, and
aided and abetted a breach of fiduciary duty in violation of Florida law. On appeal,
Reizen claims that the district court erred by denying his (1) motion for a new trial
on the breach of fiduciary duty count, (2) motion for a directed verdict or new trial
on the fraud, fraudulent concealment, conversion, civil theft, and aiding and abetting
a breach of fiduciary duty counts, and (3) motion for a new trial or remittitur on the
punitive damage award. After thorough review of the record and having taken oral
arguments, we affirm the final judgment of the district court in all respects.
We are satisfied that there was sufficient evidence adduced at trial to support
Hawksbay’s claims of fraud, fraudulent concealment, conversion, civil theft, and
aiding and abetting a breach of fiduciary duty. We are also convinced that the
evidence presented amply supported the jury’s award of damages.
AFFIRMED.
2