Dionne v. Floormasters Enters., 2011 U.S. App. LEXIS 15560 (July 28, 2011)

LexisNexis Overview: District court did not abuse its discretion in denying former employee's motion for the award of attorney's fees and costs, under 29 U.S.C.S. § 216(b), because employee was not a prevailing party because, in granting employer's motion to dismiss lawsuit for lack of subject matter jurisdiction, district court did not award a judgment in his favor.

Counsel: For Dionne, Perry R., Appellant: Leach, Carlos V., Morgan and Morgan, ORLANDO, FL.

For Appellant: Celler, Richard B., Morgan & Morgan, PA, DAVIE, FL.

For Floormasters Enterprises, Inc., Molsick, Robert, Appellees: Cluster, Edwin C., Ayres, Cluster, Curry, McCall, Collins & Fuller, P.A., Ocala, FL.

For Appellee: Banks, Abraham Clinton, Attorney at Law, OCALA, FL.

Judges: EDMONDSON, HILL and ALARCON, Circuit Judges.

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