Fulton Co. Administration v. Michael A. Blank , 141 F. App'x 892 ( 2005 )


Menu:
  •                                                            [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    FILED
    ________________________
    U.S. COURT OF
    APPEALS
    No. 05-10190                ELEVENTH CIRCUIT
    Non-Argument Calendar             AUGUST 19, 2005
    ________________________           THOMAS K. KAHN
    CLERK
    D. C. Docket No. 03-80849-CV-DMM
    FULTON COUNTY ADMINISTRATION,
    for the Estate of Lita McClinton Sullivan,
    Plaintiff-Appellant,
    versus
    MICHAEL A. BLANK, a Florida resident,
    JULIUS BAER BANK & COMPANY, et al.,
    Defendants-Appellees.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    _________________________
    (August 19, 2005)
    Before BIRCH, BARKETT and COX, Circuit Judges.
    PER CURIAM:
    The administrator for the Estate of Lita McClinton Sullivan (“Sullivan”)
    appeals the judgment of the district court dismissing with prejudice counts one
    through nine of the Amended Complaint and count ten of the Second Amended
    Complaint. Having considered the briefs, and relevant parts of the record, we agree
    with the district court that counts one through eight should be dismissed for failure
    to allege facts stating a RICO claim. We also conclude that the district court properly
    dismissed Sullivan’s count nine claim for fraudulent transfer. See Freeman v. First
    Union Nat’l Bank, 
    865 So. 2d 1272
    (Fla. 2004). Finally, we agree with the district
    court that Sullivan has not stated claims for unjust enrichment or implied contract in
    count ten. The judgment of the district court is, therefore,
    AFFIRMED.
    2
    

Document Info

Docket Number: 05-10190

Citation Numbers: 141 F. App'x 892

Judges: Birch, Barkett, Cox

Filed Date: 8/19/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024