[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 22, 2006
No. 04-14635
THOMAS K. KAHN
Non-Argument Calendar
CLERK
D. C. Docket No. 03-10669-CV-TWT-1
JOHN T. AMEND,
Plaintiff-Appellant,
versus
485 PROPERTIES, LLC,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Georgia
(March 22, 2006)
Before TJOFLAT and DUBINA, Circuit Judges*.
PER CURIAM:
____________________
*This decision is rendered by a quorum. 28 U.S.C. § 46(d).
The facts and procedural background of this case are set forth in Amend v.
485 Properties, LLC, 401 F.3d 1255 (11th Cir. 2005). In that opinion, we
dismissed Amend’s contract claim and reserved ruling on his quantum meruit
claim for brokerage services provided to WorkPlace USA, Inc. as agent for 485
Properties, LLC.
Subsequently, because we concluded that the issue of whether “procuring
cause” is an element of a quantum meruit claim under Georgia law is not clear, we
certified the following question to the Georgia Supreme Court: Whether procuring
cause is an element of a quantum meruit claim under Georgia law. See Amend v.
485 Properties, LLC., 409 F.3d 1288, 1289 (11th Cir. 2005).
On March 13, 2006, the Georgia Supreme Court answered our certified
question in the affirmative. Accordingly, based on our prior decisions entered in
this case and based on the Georgia Supreme Court’s answer to our certified
question attached hereto as an “Appendix,” we affirm the district court’s grant of
summary judgment on Amend’s quantum meruit claim.
AFFIRMED.
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