Fulton Co. Administration v. Michael A. Blank

[DO NOT PUBLISH]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.
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