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13-10153•Banta Properties, Inc. v. Arch Specialty Insurance Company
13-10153Court of Appeals for the Eleventh CircuitJan 24, 2014
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 13-10153
________________________
D.C. Docket No. 0:10-cv-61485-WPD
BANTA PROPERTIES, INC.,
Plaintiff-Appellee,
versus
ARCH SPECIALTY INSURANCE COMPANY,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(January 24, 2014)
Before CARNES, Chief Judge, WILSON and FAY, Circuit Judges.
PER CURIAM:
Case: 13-10153 Date Filed: 01/24/2014 Page: 1 of 2
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2
In light of our opinion in Banta Properties, Inc. v. Arch Specialty Insurance
Co., No. 12-14186, __ F. App’x __ (11th Cir. Jan. 24, 2014), we vacate the
judgment regarding attorneys’ fees because Banta Properties, Inc. is no longer the
prevailing party. See Fla. Stat. §§ 626.9373, 627.428.
VACATED and REMANDED with instructions to enter judgment in favor
of the appellant.
Case: 13-10153 Date Filed: 01/24/2014 Page: 2 of 2
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