Sure Fill & Seal, Inc. v. GFF, Inc., No. 10-14165 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-14165 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JANUARY 28, 2011 JOHN LEY CLERK D. C. Docket No. 8:08-cv-00882-EAK-TGW SURE FILL & SEAL, INC., a Florida Corporation, Plaintiff-Counter Defendant-Appellant, versus GFF, INC., a California Corporation, Defendant-Counter Claimant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (January 28, 2011) Before TJOFLAT, PRYOR and KRAVITCH, Circuit Judges. PER CURIAM: Sure Fill & Seal, Inc., appeals the district court s order entered on August 4, 2010. In short, the order enforced the parties settlement agreement and denied Sure Fill & Seal s motion for sanctions against GFF, Inc., and its counsel, Brendan Thorpe, pursuant to Rules 11(c), 26(g), and 37(a)(5) of the Federal Rules of Civil Procedure, 28 U.S.C. § 1927, the district court s inherent power, and state law. Sure Fill & Seal contends that the district court erred in enforcing the settlement agreement and concluding that the agreement precluded its motion for sanctions. It therefore asks that we vacate the order and remand the case for a fuller consideration of Plaintiff s allegations of misconduct on the part of Attorney Thorpe and/or defendant GFF, Inc. Appellant s brief at 44. We find no merit at all in this appeal. We agree with the district court s interpretation of the settlement agreement and the reasons stated for denying the motion for sanctions. AFFIRMED. 2

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