Automobile Protection Corp. v. Jones, 040908 FED11, 07-13369

Docket Nº:07-13369
Party Name:AUTOMOBILE PROTECTION CORPORATION, Plaintiff-Counter-Defendant-Appellee, v. MARK F. JONES, III, Individually, d.b.a. Protection For Sale, d.b.a. Ocean Air Dealer Services, Defendant-Counter-Claimant-Appellant.
Case Date:April 09, 2008
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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AUTOMOBILE PROTECTION CORPORATION, Plaintiff-Counter-Defendant-Appellee,

v.

MARK F. JONES, III, Individually, d.b.a. Protection For Sale, d.b.a. Ocean Air Dealer Services, Defendant-Counter-Claimant-Appellant.

No. 07-13369

United States Court of Appeals, Eleventh Circuit

April 9, 2008

DO NOT PUBLISH

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 04-02368-CV-WBH-1

Before BARKETT and FAY, Circuit Judges, and ANTOON,[*] District Judge.

PER CURIAM:

Mark F. Jones, III appeals from a summary judgment entered in favor of Automobile Protection Corp. ("APCO"). Because we find no reversible error in the district court's judgment, we affirm.

Jones entered into the Independent Contractor Agreement with APCO whereby he agreed to solicit automobile dealers for the purpose of marketing and servicing APCO's extended vehicle service contracts. The relationship between the parties deteriorated, and APCO ultimately terminated the Agreement. Soon thereafter, APCO filed suit against Jones primarily seeking a declaratory judgment regarding the parties' rights under the Agreement, and Jones responded with counterclaims of his own seeking declaratory judgment and damages.

Jones's principal claim is that the Agreement guaranteed him the exclusive right to market and service APCO's extended vehicle service contracts in his geographical territory, and that APCO breached the Agreement by appointing other agents in the same region and reassigning certain accounts formerly serviced by Jones to them. We find no error because the Agreement does not...

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