Morningstar Healthcare, LLC v. Greystone & Co. Inc, No. 07-15552 (11th Cir. 2008)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 07-15552 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT October 21, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 05-00949-CV-T-MAP MORNINGSTAR HEALTHCARE, LLC, Plaintiff-Appellant, versus GREYSTONE & CO., INC., Defendant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (October 21, 2008) Before BLACK, CARNES and BARKETT, Circuit Judges. PER CURIAM: This is an appeal from the district court s awarding of fees and costs to Greystone & Co., Inc., when it prevailed on its summary judgment motion in Morningstar Healthcare, LLC s suit against Greystone on a breach of contract claim. Morningstar concedes the order granting fees and costs should be affirmed if its appeal from the granting of summary judgment is unsuccessful. Because we affirmed the district court s summary judgment order in the companion case Morningstar Healthcare, LLC v. Greystone & Co., Inc., 07-14829, the order awarding fees and costs to Greystone is also AFFIRMED. 2

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