Tristar Lodging, Inc. v. Arch Specialty Insurance, No. 06-13989 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-13989 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JAN 26, 2007 THOMAS K. KAHN CLERK D.C. Docket No. 05-00098-CV-ORL-31-DAB TRISTAR LODGING, INC., d.b.a. Hampton Inn, Plaintiff-Appellant, versus ARCH SPECIALTY INSURANCE COMPANY, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (January 26, 2007) Before BLACK, MARCUS and COX, Circuit Judges. PER CURIAM: Tristar Lodging, Inc. ( Tristar ) appeals a judgment entered for Arch Specialty Insurance Co. ( Arch ). Tristar contends that the magistrate judge erred in disposing of the case without a jury trial, in refusing to enter a judgment for Tristar confirming an appraisers award, and in denying Tristar an award of attorneys fees and costs. We find no reversible error. Tristar waived any right it had to a jury trial. (R.6-79 at 2; R.12-101 at 3.) And, we find no error in the magistrate judge s finding that there is no evidence in this record to support . . . a conclusion that Arch failed to timely pay all insurance proceeds due and owing. (R.7-99 at 14.) (quotation omitted.) Because there was no showing that the insurer failed to timely pay claims properly made and substantiated, sufficient to warrant the suit, Tristar was not entitled to attorneys fees pursuant to § 627.428 Fla. Stat. (R.7-99 at 18.) And, Tristar was not entitled to a judgment affirming the appraisal for the reasons stated in the magistrate judge s order. (R.7-99 at 19-20.) AFFIRMED. 2

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