Royal Surplus Lines v. Delta Health Group, No. 06-15499 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 06-15499 ________________________ SEPTEMBER 18, 2007 THOMAS K. KAHN CLERK D. C. Docket No. 03-00419-CV-3-RS ROYAL SURPLUS LINES INSURANCE COMPANY, Plaintiff-Appellee, versus DELTA HEALTH GROUP, INC., Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (September 18, 2007) Before BIRCH and BARKETT, Circuit Judges, and KORMAN,* District Judge. PER CURIAM: Delta Health Group, Inc. appeals the district court s order granting partial * Honorable Edward Korman, United States District Judge for the Eastern District of New York, sitting by designation. summary judgment to Royal Surplus Lines Insurance Company, and denying Delta s motion for summary judgment. We affirm on the basis of the district court s comprehensive opinion dated January 23, 2006, and as amended September 6, 2006.1 AFFIRMED. 1 Delta apparently also seeks to appeal a Magistrate Judge s protective order. However, Delta failed to timely challenge the magistrate s non-dispositive order before the district court. See Federal Rule of Civil Procedure 72(a) (party has ten (10) days to file any objections to the magistrate judge s order). Thus, Delta waived the right to appeal this issue. See Smith v. School Board of Orange County, 487 F.3d 1361, 1365 (11th Cir. 2007). 2

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