DO NOT PUBLISH PER CURIAM . Richard P. Jahn challenges the admission of GEICO's "Exhibit 80" at trial on three grounds—specifically, that the documents it contained were (1) subject to attorney-client privilege, (2) hearsay, and (3) irrelevant. After careful review, we conclude that the district court did not abuse its discretion in admitting the exhibit. Accordingly, we affirm. The parties are familiar with the facts; we do not repeat them here except as necessary. I First, we consider...
DO NOT PUBLISH PER CURIAM . Horacio Sequeira, proceeding pro se, appeals the district court's final judgment granting summary judgment and dismissing his third amended complaint. He also appeals the district court's orders dismissing his second amended complaint and denying his motion to amend the scheduling order and leave to file a fourth amended complaint. On appeal, he argues, first, that the district court erroneously converted American Airlines, Inc.'s ("American") motion to dismiss...
DO NOT PUBLISH PER CURIAM . Plaintiff/Appellant Dynasty Management Group, LLC ("Dynasty") appeals several orders, including: a Fed. R. Civ. P. 12(b)6 motion to dismiss that the district court granted for two of the initial 11 defendants, a separate order of dismissal as a sanction for other defendants, a vacating of a previously-entered default judgment against those same defendants, and an appeal of the district court's finding of diversity jurisdiction. The dispute centers on hip-hop...
MARCUS , Circuit Judge : A suspicionless search by the government is presumptively unconstitutional. So goes the basic hornbook law of the Fourth Amendment. The details are a bit more complex. Suspicionless searches are permissible in a narrow band of cases where they serve sufficiently powerful and unique public needs. The force of these needs depends heavily on the context in which the search takes place. At issue today is a matter of first impression — whether a county school board may...
DO NOT PUBLISH PER CURIAM . This is an appeal from the district court's order granting summary judgment to the Appellee, Simmons Bank, and against the Appellant, Larissa Patel ("Larissa" or "Plaintiff"). As found by the district court, the facts in this case are undisputed; thus, we decide only questions of law. After having the benefit of oral argument, reading the parties' briefs, and reviewing the record, we affirm the district court's order. I. BACKGROUND In March 2003, Plaintiff's...
DO NOT PUBLISH PER CURIAM . Fidel Gomez Hernandez petitions for review of the Board of Immigration Appeals' (BIA) final order affirming the Immigration Judge's (IJ) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). He brings several issues on appeal, which we address in turn. After review, 1 we dismiss the petition in part, and deny in part. I. DISCUSSION A....
DO NOT PUBLISH PER CURIAM . Mitchell Miorelli was injured on a cruise ship operated by Royal Caribbean Cruises Ltd. 1 He and his then-fianc e DannaMarie Provost filed a negligence suit against Royal Caribbean almost 20 months later. The district court granted summary judgment for Royal Caribbean based on the one-year limitation period contained in the cruise ticket contract. Plaintiffs appeal that ruling, arguing that the district court erred in determining that the contractual time...
DO NOT PUBLISH PER CURIAM . Thierno Diallo, a native of Guinea, seeks review of the order of the Board of Immigration Appeals ("BIA") that affirmed the denial of his application for asylum and withholding of removal. Because substantial evidence supports the BIA's finding that country conditions have changed such that Diallo no longer has a well-founded fear of future persecution, we deny his petition for review. I. BACKGROUND Diallo was born in Guinea and is a member of the Fula tribe,...
DO NOT PUBLISH PER CURIAM . Rachel Seaton, appointed counsel for David Fiedler in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the entire record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's motion to...
DO NOT PUBLISH PER CURIAM . Fluid Dynamics Holdings, LLC, appeals the entry of summary judgment in favor of the Jacksonville Electric Authority ("the JEA"), an agency of the City of Jacksonville, Florida. The district court ruled on the basis of sovereign immunity. After review, we affirm. I. Fluid Dynamics sued the City of Jacksonville ("the City") and the JEA under Florida law for tortious interference and defamation. The complaint alleged the City and the JEA interfered with an...
HULL , Circuit Judge . Americaribe-Moriarty JV ("Americaribe"), a general contractor, appeals the district court's award of $154,536 in attorney's fees to International Fidelity Insurance Company and Allegheny Casualty Company (together, "Fidelity"), the surety on a performance bond issued for a construction subcontract between Americaribe and the subcontractor Certified Pool Mechanics 1, Inc. ("CPM"). In this lawsuit, Fidelity sought a declaratory judgment that Americaribe was not entitled...
DO NOT PUBLISH PER CURIAM . James Baer was injured on a cruise ship. He sued the cruise line, Silversea Cruises Ltd., alleging it was negligent in arranging his medical care. He appeals the district court's grant of summary judgment to Silversea on a finding that his claim is barred by a contractual limitations period. After careful review, we affirm. I. A. Factual Background In 2014, Baer instructed his travel agent, Mary Nichols, to book a cruise for him and his wife on Silversea's M/...
DO NOT PUBLISH PER CURIAM . West Coast Fire Protection Corp., Giovanni Blanco, Maria Foreste, and Raymond Foreste appeal the district court's order granting summary judgment in favor of Gotham Insurance Company regarding the scope of coverage under West Coast's umbrella insurance policy. The district court concluded that there was no coverage under the umbrella policy. After review, we agree and affirm. I. FACTUAL BACKGROUND This case arises out of an automobile accident that occurred...
DO NOT PUBLISH HALL , District Judge . Plaintiffs appeal the district court's decision granting Defendants' motion to dismiss. The question on appeal is whether the district court abused its discretion by dismissing this case on forum non conveniens grounds. Having reviewed the record and the parties' briefs, we affirm. I. BACKGROUND Plaintiff Peter J. Nyg rd is a Canadian citizen residing in the Bahamas who owns Plaintiffs Nyg rd, Inc., a Delaware corporation with its primary...
DO NOT PUBLISH PER CURIAM . Luis Vivas Cifuentes appeals his 87-month sentence for conspiracy to possess with intent to distribute 5 kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States. He argues the district court should have given him a mitigating role adjustment under United States Sentencing Guidelines 3B1.2. The government moved to dismiss Cifuentes's appeal based on the sentence-appeal waiver in his plea agreement. The government...
DO NOT PUBLISH PER CURIAM . Rosanne Brady, appointed counsel for Justin Ford in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the entire record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's motion to...
WALKER , Circuit Judge : These two appeals arise from dueling lawsuits pitting Sun Life Assurance Company of Canada ("Sun Life"), a life insurance company, against Imperial Holdings, Inc. and its affiliates ("Imperial"), a company that offers financing for insureds to pay their monthly premium payments. Both suits relate to life insurance policies that were issued by Sun Life to non-parties and that were subsequently acquired by Imperial. Imperial is therefore a stranger to the insureds,...
DO NOT PUBLISH PER CURIAM . Rosanne Brady, appointed counsel for Joshua Eugene Christie in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the entire record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's...
DO NOT PUBLISH PER CURIAM . Murray John Batson appeals his convictions and sentence of 292 months of imprisonment following his conditional pleas of guilty to sexually exploiting children, 18 U.S.C. 2251(a), (e), and to possessing and knowingly receiving or distributing child pornography, id. 2252A(a)(5)(B), (b)(2). Batson challenges the denial of his motion to suppress incriminating photographs discovered on his cellular telephone. Batson also challenges the enhancement of his...
BY THE COURT: A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court not having voted in favor of granting a rehearing en banc, it is ORDERED that this case will not be reheard en banc.
