Gary W. Nash, et al. v. Publix Supermarkets, Inc., et al.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 14, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
____________________________
No. 10-11923
Non-Argument Calendar
____________________________
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
______________________________
(March 14, 2011)
Before TJOFLAT, WILSON, and HILL, Circuit Judges.
PER CURIAM:

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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.1
AFFIRMED.
The earlier order of the district judge, dated July 7, 2008, holding that William H.1
Miles was entitled to qualified immunity, and referenced on page 12 of the final order on appeal,
dated March 26, 2010, is correct and affirmed as well.
2

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