Opinion
No. 07-13338.
May 5, 2008.
Richard E. Johnson, Law Office of Richard E. Johnson, Tallahassee, FL, for Plaintiff-Appellant.
Kevin E. Hyde, Ernst A. Bell, Foley Lardner, LLP, Jacksonville, FL, for Defendant-Appellee.
Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 06-00341-CV-J-33TEM.
Before BIRCH, DUBINA and HILL, Circuit Judges.
Having carefully considered the record, the briefs of the parties, and having heard oral argument, we VACATE and REMAND to allow the district court to complete the record. The district court should be guided by our prior decision in Snook v. Trust Co. of Ga. Bank of Savannah, N.A., 859 F.2d 865 (11th Cir. 1988). Appellant's Motion to Certify Question to Florida Supreme Court is therefore DENIED.