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RHONDA HENDRIX, parent and guardian of GATLIN PERRYMAN, a minor child, Plaintiffs, v. EVENFLO COMPANY, INC., a foreign corporation, Defendant.

ORDER

M. RODGERS, Magistrate Judge

Pending before the court is Defendant Evenflo Company, Inc.'s "Unopposed Motion for Entry of Final Judgment in Favor of Defendant." (Doc. 479).

On December 29, 2008, the court granted in part and denied in part Evenflo's motion for partial summary judgment on damages. Specifically, on the basis of Daubert rulings entered the same day, the court granted the motion as to damages related to Hendrix's son Gatlin Perryman's autism spectrum disorder, and denied the motion as to damages related to Perryman's syringomyelia. By ruling in this fashion, the court intended to narrow the issues for trial. On December 31, 2008, with Evenflo's express consent, Hendrix stipulated (doc. 460) to the dismissal of all claims "for which the Court's Order (#458) determined summary judgment was `inappropriate,' . . . thereby leaving no actual damages claim remaining for trial." The stipulation stated that Hendrix intended to "abandon, renunciate, withdraw and dismiss, with prejudice" these remaining claims. Thereafter, Hendrix filed a Notice of Appeal of the court's order granting in part Evenflo's motion for partial summary judgment. (Doc. 462).

At that time, trial was scheduled for January 20, 2009.

With the court having announced, through its interlocutory partial summary judgment order, that Hendrix's claims for damages arising from autism spectrum disorder would be excluded from trial, and Hendrix having stipulated to the dismissal with prejudice of all other claims for damages, nothing remains for the court to decide on the merits of plaintiff's claims. As a result, final judgment for Evenflo is now appropriate.

Accordingly, it is hereby ORDERED that:

1. Defendant Evenflo Company, Inc.'s motion for the entry of final judgment (doc. 479) in its favor is GRANTED.

2. The Clerk is directed to enter final judgment in favor of Defendant Evenflo Company, Inc. and against Plaintiff Rhonda Hendrix on all counts of plaintiff's First Amended Complaint.

3. The Clerk shall not tax costs at this time. The matter of costs is deferred until disposition of Hendrix's appeal.

4. Evenflo's pending Motion For Attorney Fees and Related Non-Taxable Expenses (doc. 473) is DENIED, without prejudice to Evenflo refiling the motion following disposition of Hendrix's appeal, if appropriate. In the event of refiling, Evenflo need not re-file attachments/exhibits to the motion.

5. This case is STAYED pending disposition of Hendrix's appeal. Following entry of final judgment, the Clerk is directed to close the file for administrative purposes.

DONE and ORDERED

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HENDRIX v. EVENFLO COMPANY, INC. (N.D.Fla. 2-2-2009)
(Feb 2, 2009)