BIG TOP KOOLERS, INC. v. CIRCUS-MAN SNACKS, INC.

No. 06-16354.

528 F.3d 839 (2008)

BIG TOP KOOLERS, INC., a Florida Corporation, Nicholas C. Brienza, Plaintiffs-Appellants, v. CIRCUS-MAN SNACKS, INC., a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 22, 2008.


Attorney(s) appearing for the Case

John J. Anastasio, Stuart, FL, for Plaintiffs-Appellants.

Erik W. Scharf, Erik W. Scharf, P.A., Coconut Creek, FL, Derek Eduardo Leon, Morgan, Lewis & Bockius, LLP, Miami, FL, for Defendant-Appellee.

Before WILSON, COX and BOWMAN, Circuit Judges.


COX, Circuit Judge:

I. OVERVIEW

This appeal is from the district court's denial of a Fed.R.Civ.P. 60(b) motion for relief from judgment filed by Plaintiffs Big Top Koolers, Inc. and Nicholas C. Brienza (collectively "Big Top"). The motion asserts that Big Top's counsel did not receive notice of a final order entered by the court, and thus did not timely ask for rehearing or file a notice of appeal. We find no reversible error in denial of the motion for...

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