Troy A. Tyler v. Westway Automotive Service Ctr.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
May 10, 2005
No. 04-12545
THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D.C. Docket No. 02-61667-CV-WPD
TROY A. TYLER,
on his own behalf and other similarly situated,
Plaintiff-
Counter-Defendant-
Appellee,
versus
WESTWAY AUTOMOTIVE SERVICE CENTER, INC.,
A Florida Corporation,
Defendant-
Counter-Claimant-
Appellant
BRETT HOLCOMBE, individually,
CRAIG GOLDSTEIN, individually,
Defendants-Appellants.
__________________________
Appeal from the United States District Court for the
Southern District of Florida
_________________________
(May 10, 2005)
Before BIRCH, BARKETT and HULL, Circuit Judges.
PER CURIAM:
Plaintiff Troy A. Tyler filed suit against Defendants Westway Automotive
Service Center, Inc., Brett Holcombe, and Craig Goldstein, attempting to collect
unpaid overtime compensation under the Fair Labor Standards Act (“FLSA”), 29
U.S.C. § 201, et seq. After the jury awarded Tyler $7,392.00,1 Defendants
appealed, contending: (1) neither Westway Automotive nor Holcombe were
properly considered Tyler’s employer under the FLSA; (2) the district court should
have granted a mistrial based on the improper closing arguments of Plaintiff’s
counsel; and (3) the district court improperly denied Defendant Goldstein’s motion
for sanctions.
After review, we conclude that Defendants’ arguments lack merit.
Consequently, we affirm the $7,392.00 judgment in favor of Plaintiff Tyler.
AFFIRMED.
1
The jury awarded $3,696.00. Pursuant to 29 U.S.C. § 216(b), that amount was doubled as
a liquidated damages award.
2