Arkwright Mutual Insurance Co. v. Bank of America, N.A. (South), F.K.A. Nationsbank of Florida, N.A., Nationsbank, N.A. (South) , 251 F.3d 918 ( 2001 )

251 F.3d 918 (11th Cir. 2001)

ARKWRIGHT MUTUAL INSURANCE CO., Plaintiff-Appellant,
v.
BANK OF AMERICA, N.A. (SOUTH), f.k.a. NationsBank of Florida, N.A., NATIONSBANK, N.A. (SOUTH), Defendant-Appellee.

No. 99-11396.

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT.

Feb. 6, 2001.
May 16, 2001.

Appeal from the United States District Court for the Southern District of Florida(No. 96-02969-CV-ASG; Alan S.Gold, Judge.

Before GODBOLD, COX and MESKILL*, Circuit Judges.

Prior report: 212 F.3d 1224

BY THE COURT:

1

The parties' joint motion to dismiss this appeal with prejudice, due to settlement, with the parties bearing their own costs and attorneys' fees, is GRANTED.

2

All remaining pending motions are DENIED AS MOOT.

3

On its own motion, the Court hereby WITHDRAWS its published opinion in this appeal. See Key Enterprises of Delaware, Inc. v. Venice Hospital, 9 F.3d 893, 894-5 (11th Cir. 1993) (en banc).

NOTES:

*

Honorable Thomas J. Meskill, U.S. Circuit Judge for the Second Circuit, sitting by designation.