NO.

10-1035-CIV IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

Altimum Solutions, Inc, Plaintiff – Appellant, v. Carbon Solutions, Ltd., Geno Craig, Ph.D., Delbert Darmun, Defendant – Appellee

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT, FLORIDA DIVISION

BRIEF OF APPELLEE

Student Number: XXXX 1422 W. Peachtree St. NW Atlanta, GA 30309 ATTORNEY FOR APPELLEE

. . . . . . . . . . 28 1 . . . . . . Course of Proceedings and Disposition Below. TABLE OF CITATIONS. . . . ARGUMENT AND CITATIONS OF AUTHORITY . . . . . . . . Standard of Review . . . . . . . . . . . . . . . . . . . . . i ii STATEMENT OF JURISDICTION . . . . . . . . . . . . . . Statement of Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .TABLE OF CONTENTS TABLE OF CONTENTS . . . . . . . . . . STATEMENT OF THE CASE . . . . . I. . . . . . . . . . . . . . . . . . . . . . . . . THIS COURT SHOULD AFFIRM THE DISTRICT COURT’S ORDER AND JUDGMENT BECAUSE ________. . 1 2 2 3 7 7 9 9 CONCLUSION. . . . . . . . . . . . . . . . . . SUMMARY OF THE ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . iii STATEMENT OF THE ISSUES . . .

TABLE OF CITATIONS United States Supreme Court United States Circuit Courts of Appeals United States District Courts Statutes and Legislative History Other Sources 1 .

.S.STATEMENT OF JURISDICTION This case asserts a claim pursuant to Altimum Solutions Inc. The final Order was entered on November 4.C.C. and Geno Craig Ph. 2010 pursuant to 28 U. § _____. Ltd. The Notice of Appeal was timely filed on November 9. Carbon Solutions. The United states District Court for the Eleventh Circuit had subject matter jurisdiction over this matter pursuant to 28 U.S. § ____ (2006) because the claim is federal question.. The United States Court of Appeals for the Middle District of Florida has jurisdiction of this appeal pursuant to 28 U. § ____ because this is an appeal of a final judgment in a civil case.S.C. 2010.D.. and Delbert Darmun. v. 1 .

.STATEMENT OF THE ISSUES I. properly decided in the lower court based on lack of Complete Diversity due to fraudulent Joiner on the assumption of Tortuous Interference? STATEMENT OF THE CASE Course of Proceedings and Disposition Below The Statement of the Facts 1 . and Delbert Darmun. v.. and Geno Craig Ph. Was the case.. Ltd. Carbon Solutions. Altimum Solutions Inc.D.

the grant or denial of a motion for summary judgment if reviewed De Novo. yet they are unable to state a claim for Fraudulent Joinder because Darnum’s relationship with ASI’s clients was justified through the Competition Privilege. Russell. Diversity exists because Darnum was fraudulently joined in the suit due to ASI’s failure to state a claim for tortious interference. Int. The first element required for tortious interference to exist is the defendants intentional and unjustified interference with the relationship. Austral 262 F. {Salve Regina College v. 111 S. Competition Privilege states that Darnum’s interference was justified. A. ARGUMENT AND CITATIONS OF AUTHORITY I.The Standard of Review On Appeal.3D 1152 1. 1217}. The Joinder was fraudulent because ASI claimed tortious interference with ASI’s business relationships. Sales v. SUMMARY OF THE ARGUMENT The case should not be remanded to Florida state court because Darnum was fraudulently joined into the suit by ASI. 1 . Ct.

2. 1. Darnum’s relationship with ASI’s clients was not tortious because ASI’s contracts with their clients had expired therefore severing the business relationship they had. however this will not hold as the clients had already expressed interest in leaving ASI. CONCLUSION 1 . Appellant will argue that the contracts ASI had with their clients would have continued without the interference of Darnum. B.

XXXX Counsel for Appellee 1 .D. Respectfully submitted this __ day of __. Geno Craig Ph. Ltd. and Delbert Darmun requests that this Court affirm the District Court’s Order dated November 4.. 2011.For all of the forgoing reasons. Carbon Solutions.. 2010.

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