BSL Investments, II, LLC v. Fresh Frozen Foods, Inc.

Filing

Opinion issued by court as to Appellant BSL Investments, II, LLC. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 16-14255

Date Filed: 03/01/2017

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-14255
Non-Argument Calendar
________________________
D.C. Docket No. 1:15-cv-02136-AT

BSL INVESTMENTS, II, LLC,
f.k.a. Fresh Frozen Foods, LLC,
Plaintiff - Appellant,
versus
FRESH FROZEN FOODS, INC.,
f.k.a. FFF Acquisition Sub, Inc.,
Defendant - Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(March 1, 2017)

Case: 16-14255

Date Filed: 03/01/2017

Page: 2 of 2

Before WILSON, JORDAN, and ROSENBAUM, Circuit Judges.
PER CURIAM:
This is a contract dispute arising from an escrow agreement between BSL
Investments and Fresh Frozen Foods. BSL filed a complaint in district court
seeking a declaratory judgment that, among other things, Fresh Frozen Foods is not
entitled to escrow funds governed by the agreement. The district court granted
summary judgment to Fresh Frozen Foods. The court found that Fresh Frozen
Foods requested access to the escrow funds as indemnification for damages it
suffered from dealings with BSL; BSL failed to timely dispute the request; and
under the plain language of the escrow agreement, BSL’s failure waived BSL’s
right to contest the request. BSL appeals the district court’s summary judgment
decision.
After careful review of the record and the parties’ briefs, we affirm
substantially for reasons set forth in the district court’s thorough opinion. See BSL
Investments, II, LLC v. Fresh Frozen Foods, Inc., No. 1:15-cv-02136 (N.D. Ga.
June 16, 2016).
AFFIRMED.

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