Michael Ramjeawan, et al v. Bank of America, No. 11-11419 (11th Cir. 2012)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-11419 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 11, 2012 JOHN LEY CLERK D.C. Docket No. 1:09-cv-20963-MGC MICHAEL RAMJEAWAN, RITIE B. RAMJEAWAN, Plaintiffs-Appellees, versus BANK OF AMERICA CORPORATION, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (July 11, 2012) Before EDMONDSON, MARTIN and COX, Circuit Judges. PER CURIAM: The Plaintiffs Michael Ramjeawan and Ritie B. Ramjeawan sued the Defendant Bank of America, N.A. for negligence and civil theft. The case was tried to a jury, which found in favor of the Ramjeawans on the negligence counts and awarded compensatory damages in the amount of $528,531.01 and punitive damages in the amount of $150,000.00. The jury found in favor of the Bank on the civil theft claim. The Bank appeals, challenging the district court's denial of the Bank's post-trial Fed. R. Civ. P. 50(b) motion for judgment as a matter of law, which alleged that the Ramjeawans failed to present sufficient evidence to support the award of punitive damages. We have considered the briefs of the parties and conclude that the district court did not err in denying this motion. The Bank also contends that the district court erred in denying the Bank's request for attorney's fees because the civil theft claim was without substantial factual or legal support. We conclude that the denial of this motion did not constitute an abuse of discretion. AFFIRMED. 2
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