92 F3d 1561 United States Fidelity Guaranty Company v. Park 'N Go of Ga Inc

92 F.3d 1561

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff-Appellee,
v.
PARK 'N GO OF GA., INC., Defendant-Appellant.

No. 94-8989.

United States Court of Appeals,
Eleventh Circuit.

Aug. 29, 1996.

C. David Johnston, Adam J. Conti, Wagner & Johnston, P.C., Atlanta, GA, for Appellant.

Ben Kingree, III, Kenton Jones Coppage, Carter & Ansley, Atlanta, GA, for Appellee.

Appeal from the United States District Court for the Northern District of Georgia (No. 1:93-cv-1541-JEC), Julie E. Carnes, Judge.

Before HATCHETT and EDMONDSON, Circuit Judges, and GIBSON*, Senior Circuit Judge.

PER CURIAM:

1

Appellant Park 'N Go appealed the grant of summary judgment to United States Fidelity & Guaranty (USF & G), arguing the district court erroneously concluded that USF & G's liability was limited to $250,000 and therefore erroneously granted summary judgment in favor of Appellee. We--pursuant to Ga. Const. art. VI, § 6 para. 4; O.C.G.A. § 15-2-9; and Rule 37 of the Supreme Court of Georgia--certified to the Supreme Court of Georgia the question of USF & G's liability. United States Fidelity & Guaranty Co. v. Park 'N Go of Georgia, Inc., 66 F.3d 273 (11th Cir.1995).

2

The Supreme Court has answered the certified question in the affirmative. Park 'N Go of Georgia, Inc. v. United States Fidelity & Guaranty Co., 266 Ga. 787, 471 S.E.2d 500 (1996). In the light of the Supreme Court of Georgia's opinion, we affirm the decision of the district court.

3

AFFIRMED.

*

Honorable John R. Gibson, Senior U.S. Circuit Judge for the Eighth Circuit, sitting by designation