Florists' Mutual Ins. Co. v. Lewis Taylor Farms, No. 08-13922 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ D. FILED U.S. COURT OF APPEALS No. 08-13922 ELEVENTH CIRCUIT ________________________ APRIL 2, 2009 THOMAS K. KAHN C. Docket No. 05-00050-CV-HL-7 CLERK FLORISTS MUTUAL INSURANCE COMPANY, QUALITY PRODUCE, LLC, Plaintiffs-Appellees, LEWIS TAYLOR FARMS, INC., LTF GREENHOUSE, LLC, Plaintiffs-CrossDefendants-Appellees, versus DL&B ENTERPRISES, INC., Defendant-Third-PartyCross-Claimant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia _________________________ (April 2, 2009) Before TJOFLAT and ANDERSON, Circuit Judges, and WOOD,* District Judge. PER CURIAM: We have held oral argument and carefully considered this case. We agree with the district court that the case presents a close question as to whether DL&B bought goods from LTF, or bought services. We do not reach that issue. Rather, we affirm the judgment of the district court on the basis of the district court s alternative holding that the damages were speculative. The control field upon which DL&B relies simply does not meet the standard required under Georgia law to prove damages. AFFIRMED. * Honorable Lisa Godbey Wood, United States District Judge for the Southern District of Georgia, sitting by designation. 2

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