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LOHR v. STATE OF FLORIDA DEPARTMENT OF CORRECTIONS

No. 87-5122 Non-Argument Calendar.

869 F.2d 1456 (1989)

Roy LOHR and Larry Randolph, Plaintiffs-Appellees, v. STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, et al., Defendants, Ken Ault, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 14, 1989.

Attorney(s) appearing for the Case

Keith C. Tischler, Parker, Skelding, Costigan, McVoy & Labasky, Tallahassee, Fla., for defendant-appellant.

Evan I. Fetterman and Salvatore Scibetta, Fetterman & Associates, North Palm Beach, Fla., for plaintiffs-appellees.

Before HILL, VANCE and CLARK, Circuit Judges.

PER CURIAM:

In Lohr and Randolph v. State of Florida, 835 F.2d 1404 (11th Cir.1987), this court affirmed the decision of the trial court denying Ault's request for a new trial and upholding the award of damages as to Randolph. However, we reserved ruling on the award of damages as to Lohr in order to certify a question to the Florida Supreme Court. In a separate opinion at

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