David W. Corbitt v. Home Depot USA, Inc., No. 08-12199 (11th Cir. 2010)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 10, 2009.
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 08-12199 JULY 27, 2010 ________________________ JOHN LEY CLERK DAVID W. CORBITT, ALEXANDER J. RAYA, JR., Plaintiffs-Appellants, versus HOME DEPOT U.S.A., INC., Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Alabama _________________________ BEFORE: DUBINA, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and MARTIN. BY THE COURT: On July 19, 2010, the parties in the above-entitled appeal, filed a Joint Motion to Dismiss Appeal with Prejudice. Upon consideration of those matters contained in the parties joint motion, and for good cause shown, it is ORDERED that said motion be and the same is hereby GRANTED. The panel opinion, published in 589 F.3d 1136, had already been vacated by our order granting rehearing en banc. Corbitt v. Home Depot U.S.A., Inc., 598 F.3d 1259, 1259 (11th Cir. 2010) (en banc). The judgment of the district court is vacated and the case is remanded to the district court with instructions that the case be dismissed. See Key Enterprises of Delaware, Inc. v. Venice Hospital, 9 F.3d 893, 894 & 898-99 (11th Cir. 1993) (en banc) (per curiam). Each party is to bear its own costs and attorney s fees, subject to any separate agreement by the parties. 2
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