Filed: Aug. 15, 1991
Latest Update: Feb. 22, 2020
Summary: 938 F.2d 1265 NORTH AMERICAN BIOLOGICALS, INC., Seattle Plasma Corp., Plaintiffs-Appellants, v. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU, Defendant-Appellee. No. 90-5207. United States Court of Appeals, Eleventh Circuit. Aug. 15, 1991. Lowell L. Garrett, Morris C. Brown, Miami, Fla., for plaintiffs-appellants. William M. Douberley, Miami, Fla., for defendant-appellee. Appeal from the United States District Court for the Southern District of Florida; James W. Kehoe, Judge. ON PETITION FOR REHEARING
Summary: 938 F.2d 1265 NORTH AMERICAN BIOLOGICALS, INC., Seattle Plasma Corp., Plaintiffs-Appellants, v. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU, Defendant-Appellee. No. 90-5207. United States Court of Appeals, Eleventh Circuit. Aug. 15, 1991. Lowell L. Garrett, Morris C. Brown, Miami, Fla., for plaintiffs-appellants. William M. Douberley, Miami, Fla., for defendant-appellee. Appeal from the United States District Court for the Southern District of Florida; James W. Kehoe, Judge. ON PETITION FOR REHEARING ..
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938 F.2d 1265
NORTH AMERICAN BIOLOGICALS, INC., Seattle Plasma Corp.,
Plaintiffs-Appellants,
v.
ILLINOIS EMPLOYERS INSURANCE OF WAUSAU, Defendant-Appellee.
No. 90-5207.
United States Court of Appeals,
Eleventh Circuit.
Aug. 15, 1991.
Lowell L. Garrett, Morris C. Brown, Miami, Fla., for plaintiffs-appellants.
William M. Douberley, Miami, Fla., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Florida; James W. Kehoe, Judge.
ON PETITION FOR REHEARING
2
Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and KAUFMAN, Senior District Judge.
FRANK A. KAUFMAN, Senior District Judge:
3
In the opinion filed in this case on May 20, 1991, the total amount of $273,294.00 is used. That is the same amount set forth in the district court findings of fact and conclusions of law filed January 9, 1990.
4
Prior to the entry by the district court of those findings on January 9, 1990, the parties entered into a document entitled "Joint Stipulation" filed April 26, 1989. In that document, in paragraph 20, they agreed upon the amount of $255,294.00. Neither party saw fit to correct the use by the district court of an amount totaling $273,294.00, before this court filed its opinion on May 20, 1991.
5
Under the circumstances, this court amends that said opinion so as to require that, on remand, the district court enter judgment for appellants in the amount of $255,294.00, rather than in the amount of $273,294.00.
6
The second contention contained in the rehearing petition has been considered and the same is hereby denied.
