Rafael Fernandez v. Silverstone Investments, Inc., No. 06-11352 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ______________________ Nos. 06-11352 & 06-13188 Non-Argument Calendar ______________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT October 31, 2006 THOMAS K. KAHN CLERK D.C. Docket No. 04-21392-CV-DLG RAFAEL FERNANDEZ, Plaintiff-Appellant, versus SILVERSTONE INVESTMENTS, INC., JUAN C. MARTINEZ, JEAN MARC-ROGLIANO, ELENA FRAGA, Defendants-Appellees. _______________________ Appeals from the United States District Court for the Southern District of Florida ________________________ (October 31, 2006) Before TJOFLAT, BLACK and BARKETT, Circuit Judges. PER CURIAM: The district court denied appellant s motion for judgment as a matter of law notwithstanding the jury s verdict and alternative motion for a new trial on the issue of damages. The court denied the motion for judgment as a matter of law because the evidence did not point so overwhelmingly in favor of the plaintiff that a reasonable jury could not return a verdict for the defendants. After reviewing the relevant portions of the trial transcript, we agree with the district court and thus affirm its ruling. AFFIRMED. 2

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