United States Fidelity & Guaranty Company, Plaintiff-appellee, v. Park 'n Go of Ga., Inc., Defendant-appellant, 92 F.3d 1561 (11th Cir. 1996)
Annotate this CaseC. David Johnston, Adam J. Conti, Wagner & Johnston, P.C., Atlanta, GA, for Appellant.
Ben Kingree, III, Kenton Jones Coppage, Carter & Ansley, Atlanta, GA, for Appellee.
Appeal from the United States District Court for the Northern District of Georgia (No. 1:93-cv-1541-JEC), Julie E. Carnes, Judge.
Before HATCHETT and EDMONDSON, Circuit Judges, and GIBSON* , Senior Circuit Judge.
PER CURIAM:
Appellant Park 'N Go appealed the grant of summary judgment to United States Fidelity & Guaranty (USF & G), arguing the district court erroneously concluded that USF & G's liability was limited to $250,000 and therefore erroneously granted summary judgment in favor of Appellee. We--pursuant to Ga. Const. art. VI, § 6 para. 4; O.C.G.A. § 15-2-9; and Rule 37 of the Supreme Court of Georgia--certified to the Supreme Court of Georgia the question of USF & G's liability. United States Fidelity & Guaranty Co. v. Park 'N Go of Georgia, Inc., 66 F.3d 273 (11th Cir. 1995).
The Supreme Court has answered the certified question in the affirmative. Park 'N Go of Georgia, Inc. v. United States Fidelity & Guaranty Co., 266 Ga. 787, 471 S.E.2d 500 (1996). In the light of the Supreme Court of Georgia's opinion, we affirm the decision of the district court.
AFFIRMED.
Honorable John R. Gibson, Senior U.S. Circuit Judge for the Eighth Circuit, sitting by designation
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