Gary Nash, et al v. Publix Super Markets, Inc., et al, No. 10-11923 (11th Cir. 2011)
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The court issued a subsequent related opinion or order on March 14, 2011.
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ____________________________U.S. COURT OF APPEALS No. 10-11923 Non-Argument Calendar ____________________________ ELEVENTH CIRCUIT JANUARY 7, 2011 JOHN LEY CLERK D.C. Docket No. 8:07-cv-01779-EAK-TGW GARY W. NASH, BEVERLY J. NASH, his wife, Plaintiffs-Appellants, versus PUBLIX SUPER MARKETS, INC., DIVINE PROVIDENCE, INC., d/b/a Divine Providence Food Bank/America s Second Harvest of Tampa Bay, WILLIAM H. MILES, Defendants-Appellees. ______________________________ Appeal from the United States District Court for the Middle District of Florida ______________________________ (January 7, 2011) Before BLACK, WILSON, and HILL, Circuit Judges. PER CURIAM: This is an appeal from the grant of defendants s/appellees s, Publix Super Markets, Inc. (Publix), and Divine Providence, Inc., d/b/a Divine Providence Food Bank/America s Second Harvest of Tampa Bay (Divine Providence), motions for summary judgment against plaintiffs/appellants, Gary W. Nash (Nash) and Beverly J. Nash, on their claims for malicious prosecution and loss of consortium. The claims arose from a prior criminal prosecution of Nash by the Office of State Attorney on a 161-count indictment for grand theft, dealing in stolen property, organized fraud, conspiracy to commit RICO violation, and RICO violation, of which, in a non-jury trial, Nash was found not guilty on all counts. We have reviewed the record in this appeal, the briefs and the arguments of counsel. Finding no error, we affirm the judgment of the district court. AFFIRMED. 2
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