[D O NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

F O R THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

NOVEMBER 3, 2006

THOMAS K. KAHN

N o s. 05-14686 & 06-12082

CLERK

D . C. Docket No. 03-00896-CV-T-24-TGW

P R O F E S S IO N A L EMPLOYER PLANS, INC.,

Plaintiff

Counter-Defendant

Appellee,

versus

LEADING EDGE INSURANCE GROUP, INC.,

Defendant-

Counter-Claimant

Cross-Claimant

Appellant.

A p p e als from the United States District Court

fo r the Middle District of Florida

(November 3, 2006)

B e fo r e BLACK and HULL, Circuit Judges, and RYSKAMP,* District Judge.

P E R CURIAM: A p p ellan t, Leading Edge Insurance Group, Inc., appeals the district court's d e n ia l of its motion for judgment as a matter of law following a jury verdict h o ld in g Leading Edge liable for fraud and violating the New Jersey Consumer F rau d Act (NJCFA). Leading Edge also appeals the district court's award of atto rn eys' fees to Appellee, Professional Employer Plans, Inc. (PEP), the denial of its request for attorneys' fees for the civil theft claim, and the denial of its motion f o r remittitur.

In its opinion dated August 2, 2005, the district court considered the ev id en ce in the light most favorable to the Plaintiff and denied Leading Edge's m o tio n for judgment as a matter of law for the fraud claim and NJCFA claim and m o tio n for remittitur. The district court awarded PEP attorneys' fees and costs u n d e r the NJCFA because the jury found Leading Edge committed an u n c o n s c io n a b le commercial practice. The court also found that Professional E m p lo y e r Plans presented substantial support for its civil theft claim and therefore refu sed to award attorneys' fees or costs to Leading Edge for that claim.

We have heard oral argument, thoroughly reviewed the Record, and c o n c lu d e d the district court committed no error.

A F F IR M E D .

* Honorable Kenneth L. Ryskamp, United States District Judge for the Southern District of Florida, sitting by designation.