The Weitz Company, LLC v. Tremco Incorporated of Ohio, No. 11-11854 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-11854 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT OCTOBER 17, 2011 JOHN LEY CLERK D.C. Docket No. 1:10-cv-22409-AJ THE WEITZ COMPANY, LLC, Plaintiff-Appellant, versus TREMCO INCORPORATED OF OHIO, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (October 17, 2011) Before TJOFLAT, WILSON and FAY, Circuit Judges. PER CURIAM: The sole issue in this appeal is whether the district court erred in dismissing under the doctrine of res adjudicata Weitz s claim that Tremco s negligent advice regarding the sufficiency of the subcontractor s installation of Tremco s product caused Weitz millions of dollars in damages because it had to replace the materials constructed over the improperly installed waterproofing material. Appellant s Br. at 1. For the reasons the district court stated in its dispositive order of March 28, 2011, we agree that the doctrine barred Weitz s claim. AFFIRMED. 2

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