Alan Horowitch v. Diamond Aircraft Industries, Inc, No. 07-15856 (11th Cir. 2008)

 Annotate this Case
Download PDF
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 07-15856 ________________________ ELEVENTH CIRCUIT NOV 12, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 06-01703 CV-ORL-19-KRS ALAN HOROWITCH, Plaintiff-Appellee, versus DIAMOND AIRCRAFT INDUSTRIES, INC., Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (November 12, 2008) Before EDMONDSON, Chief Judge, ANDERSON, Circuit Judge, and COHILL,* District Judge. PER CURIAM: _______________________ *Honorable Maurice B. Cohill, Jr., United States District Judge for the Western District of Pennsylvania, sitting by designation. Pursuant to 28 U.S.C. §1292(b), the district court certified for interlocutory appeal the following as a controlling issue of law: Whether Florida law would enforce a contractual provision that limits a buyer s remedy to a return of his deposit upon the seller s breach. After full discussion at oral argument, and after careful consideration, we conclude that the administrative panel improvidently granted leave to pursue this interlocutory appeal. In the Eleventh Circuit an administrative panel makes the initial decision to permit an interlocutory appeal under §1292(b). However, the administrative panel s ruling is subject to revocation by the merits panel designated to decide the case. McFarlin v. Conseco Servs., 381 F.3d 1251, 1253 (11th Cir. 2004. Accordingly, the previous order of the administrative panel granting permission to appeal this case is VACATED, and the petition for permission to appeal is DENIED, and this appeal is DISMISSED without prejudice and REMANDED to the district court for further proceedings. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.