Eva G. Sziranyi v. Allan R. Dunn, M.D., P.A., No. 09-16085 (11th Cir. 2010)

Annotate this Case

Download PDF

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 09-16085 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 17, 2010 JOHN LEY CLERK D. C. Docket No. 07-21762-CV-DLG EVA G. SZIRANYI, Plaintiff-Appellee, versus ALLAN R. DUNN, M.D., P.A., a Florida profit corporation, ALLAN R. DUNN, M.D., individually, Defendants-Appellants. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (June 17, 2010) Before TJOFLAT, BIRCH and ANDERSON, Circuit Judges. PER CURIAM: This is an appeal from the final judgment in an Employee Retirement Income Security Act case. The district court imposed against the defendants the maximum statutory penalty provided for the violation of 29 U.S.C. § 1132(a) and (c) for the defendants failure to pay the plaintiff benefits and for the defendants failure to provide the plaintiff with documentation she requested. The defendants contend that the district court abused its discretion in imposing the penalty, $142,780, and clearly erred in finding that Allan R. Dunn, M.D., P.A. was a plan administrator subject to the statutory penalty. Having considered the district court s decision, in particular the court s findings of fact and conclusions of law, the parties briefs, and the relevant portions of the record, we find no merit in the defendants contentions and, accordingly affirm the judgment. AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.