United States Eleventh Circuit

In an action to recover benefits under employer's long-term disability plan, part of the judgment against defendants fixing amount of "own occupation" benefits awarded to plaintiff and part of the judgment for defendants denying "any occupation" benefits to plaintiff are vacated, primarily, where: 1) the district court erred in deciding plaintiff's entitlement to "any occupation" benefits on summary judgment; and 2) the summary judgment opinion did not discuss the "own occupation" issue.

Appellate Information

• Decided 02/22/2008
• Published 02/22/2008

Judges

• COX, Circuit Judge:, Before TJOFLAT, ANDERSON and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Pamela Ilene Atkins, Atkins & Ass'n, LLC, Atlanta, GA, for Byars.


• For Appellees:
  
• Darren A. Shuler, David Tetrick, Jr., Michael W. Johnston, King & Spalding, LLP, Michael A. Coval, Tiffany Delome Downs, Ford & Harrison, Elizabeth Finn Johnson, The Coca-Cola Co., Atlanta, GA, William Daniel Hittler, Halleland, Lewis, Nillan & Johnson, Minneapolis, MN, for Appellees.