UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

ELBERT PARR TUTTLE COURT OF APPEALS BUILDING

56 Forsyth Street, N.W.

Atlanta, Georgia 30303

David J. Smith

Clerk of Court 

March 23, 2023 

For rules and forms visit

www.ca11.uscourts.gov

Clerk - Southern District of Florida

U.S. District Court 

400 N MIAMI AVE

MIAMI, FL 33128-1810 

Appeal Number: 22-11194-CC 

Case Style: Eugene Misquith v. Roberto Borrego, et al 

District Court Docket No: 9:20-cv-81123-AMC

A copy of this letter, and the judgment form if noted above, but not a copy of the court's 

decision, is also being forwarded to counsel and pro se parties. A copy of the court's decision 

was previously forwarded to counsel and pro se parties on the date it was issued. 

The enclosed copy of the judgment is hereby issued as mandate of the court. The court's opinion 

was previously provided on the date of issuance. 

Clerk's Office Phone Numbers 

General Information: 404-335-6100 Attorney Admissions: 404-335-6122 

New / Before Briefing Cases: 404-335-6135 Capital Cases: 404-335-6200 

Cases in Briefing / After Opinion: 404-335-6130 CM/ECF Help Desk: 404-335-6125 

Cases Set for Oral Argument: 404-335-6141 

Enclosure(s) 

MDT-1 Letter Issuing Mandate

USCA11 Case: 22-11194 Document: 42-1 Date Filed: 03/23/2023 Page: 1 of 1 

JE Mar 23, 2023 MIAMI

Case 9:20-cv-81123-AMC Document 116 Entered on FLSD Docket 03/24/2023 Page 1 of 8
EUGENE MISQUITH, 

Plaintiff-Appellant,

versus

ROBERTO BORREGO, 

ST. MARY'S MEDICAL CENTER, 

PALM BEACH TRAUMA ASSOCIATES, 

PALM BEACH COUNTY HEALTHCARE 

DISTRICT, 

Defendants-Appellees.

____________________

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 9:20-cv-81123-AMC

____________________

In the

United States Court of Appeals

For the Eleventh Circuit 

____________________

No. 22-11194

____________________

ISSUED AS MANDATE: 03/23/2023

USCA11 Case: 22-11194 Document: 42-2 Date Filed: 03/23/2023 Page: 1 of 2

Case 9:20-cv-81123-AMC Document 116 Entered on FLSD Docket 03/24/2023 Page 2 of 8
2 22-11194

JUDGMENT

It is hereby ordered, adjudged, and decreed that the opinion issued on this date in this appeal is entered as the judgment of this 

Court.

Entered: February 22, 2023

For the Court: DAVID J. SMITH, Clerk of Court

ISSUED AS MANDATE: 03/23/2023

USCA11 Case: 22-11194 Document: 42-2 Date Filed: 03/23/2023 Page: 2 of 2

Case 9:20-cv-81123-AMC Document 116 Entered on FLSD Docket 03/24/2023 Page 3 of 8
 [DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 22-11194

Non-Argument Calendar

____________________

EUGENE MISQUITH, 

Plaintiff-Appellant,

versus

ROBERTO BORREGO, 

ST. MARY'S MEDICAL CENTER, 

PALM BEACH TRAUMA ASSOCIATES, 

PALM BEACH COUNTY HEALTHCARE 

DISTRICT, 

Defendants-Appellees.

____________________

USCA11 Case: 22-11194 Document: 38-1 Date Filed: 02/22/2023 Page: 1 of 2

Case 9:20-cv-81123-AMC Document 116 Entered on FLSD Docket 03/24/2023 Page 4 of 8
2 Opinion of the Court 22-11194

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 9:20-cv-81123-AMC

____________________

Before WILSON, ROSENBAUM, and ANDERSON, Circuit Judges.

PER CURIAM:

Eugene Misquith appeals the district court’s dismissal of his 

second amended complaint against Palm Beach County Health 

Care District (“the district”), St. Mary’s Medical Center (“St. 

Mary’s”), Robert Borrego, and Palm Beach Trauma Associates 

(“PBTA”) (collectively, “the healthcare providers”), alleging disability discrimination and retaliation under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12112, 12203(a), race, national 

origin, age, and disability discrimination and retaliation under the 

Florida Civil Rights Act (“FRCA”), Fla. Stat. § 760.10, and retaliation under the Florida Whistleblower Act (“FWA”), Fla. Stat. § 

448.102. He argues that the district court improperly dismissed the 

90-page second amended complaint as a shotgun pleading and for 

failure to state a claim.

After reviewing the briefs and the record, we find no error, 

and we affirm the dismissal of Misquith’s second amended complaint for the reasons stated in the Magistrate Judge’s well-reasoned 

report and recommendation.

AFFIRMED.

USCA11 Case: 22-11194 Document: 38-1 Date Filed: 02/22/2023 Page: 2 of 2

Case 9:20-cv-81123-AMC Document 116 Entered on FLSD Docket 03/24/2023 Page 5 of 8
UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

ELBERT PARR TUTTLE COURT OF APPEALS BUILDING

56 Forsyth Street, N.W.

Atlanta, Georgia 30303

David J. Smith

Clerk of Court 

February 22, 2023

For rules and forms visit

www.ca11.uscourts.gov

MEMORANDUM TO COUNSEL OR PARTIES

Appeal Number: 22-11194-CC 

Case Style: Eugene Misquith v. Roberto Borrego, et al 

District Court Docket No: 9:20-cv-81123-AMC

Electronic Filing

All counsel must file documents electronically using the Electronic Case Files ("ECF") system, 

unless exempted for good cause. Although not required, non-incarcerated pro se parties are 

permitted to use the ECF system by registering for an account at www.pacer.gov. Information 

and training materials related to electronic filing are available on the Court's website.

Enclosed is a copy of the court's decision filed today in this appeal. Judgment has this day been 

entered pursuant to FRAP 36. The court's mandate will issue at a later date in accordance with 

FRAP 41(b). 

The time for filing a petition for rehearing is governed by 11th Cir. R. 40-3, and the time for 

filing a petition for rehearing en banc is governed by 11th Cir. R. 35-2. Except as otherwise 

provided by FRAP 25(a) for inmate filings, a petition for rehearing or for rehearing en banc is 

timely only if received in the clerk's office within the time specified in the rules. Costs are 

governed by FRAP 39 and 11th Cir.R. 39-1. The timing, format, and content of a motion for 

attorney's fees and an objection thereto is governed by 11th Cir. R. 39-2 and 39-3. 

Please note that a petition for rehearing en banc must include in the Certificate of Interested 

Persons a complete list of all persons and entities listed on all certificates previously filed by 

any party in the appeal. See 11th Cir. R. 26.1-1. In addition, a copy of the opinion sought to be 

reheard must be included in any petition for rehearing or petition for rehearing en banc. See

11th Cir. R. 35-5(k) and 40-1 . 

Counsel appointed under the Criminal Justice Act (CJA) must submit a voucher claiming 

compensation for time spent on the appeal no later than 60 days after either issuance of mandate 

or filing with the U.S. Supreme Court of a petition for writ of certiorari (whichever is later) via 

the eVoucher system. Please contact the CJA Team at (404) 335-6167 or 

cja_evoucher@ca11.uscourts.gov for questions regarding CJA vouchers or the eVoucher 

system. 

USCA11 Case: 22-11194 Document: 38-2 Date Filed: 02/22/2023 Page: 1 of 2 

Case 9:20-cv-81123-AMC Document 116 Entered on FLSD Docket 03/24/2023 Page 6 of 8
Pursuant to Fed.R.App.P. 39, costs taxed against appllant.

Please use the most recent version of the Bill of Costs form available on the court's website at 

www.ca11.uscourts.gov.

Clerk's Office Phone Numbers 

General Information 404-335-6100 

New / Before Briefing Cases 404-335-6135 

Cases in Briefing / After Opinion 404-335-6130 

Cases Set for Oral Argument 404-335-6141 

Capital Cases 404-335-6200 

Attorney Admissions 404-335-6122 

CM/ECF Help Desk 404-335-6125 

OPIN-1A Issuance of Opinion With Costs

USCA11 Case: 22-11194 Document: 38-2 Date Filed: 02/22/2023 Page: 2 of 2 

Case 9:20-cv-81123-AMC Document 116 Entered on FLSD Docket 03/24/2023 Page 7 of 8
BOC Rev.: 6/17 

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

Bill of Costs

Court of Appeals Docket No. 

________________________________________________ vs. _______________________________________________ 

A Bill of Costs should only be filed when the Clerk’s Office has advised a party that the party is entitled to costs. FRAP 39 and 11th Cir. R. 39-1

govern costs taxable in this court and the time for filing the Bill of Costs. A motion for leave to file out of time is required for a Bill of Costs not 

timely received.

INSTRUCTIONS

The appellate docketing fee is set in the fee schedule issued pursuant to 28 U.S.C. § 1913. However, the $5 fee for filing a notice of appeal is 

recoverable as a cost in the district court. In the grid below, multiply the number of original pages of each document by the total number of 

documents reproduced to calculate the total number of copies reproduced. Multiply this number by the cost per copy ( $.15 per copy for “InHouse”, up to $.25 per copy for commercial reproduction, supported by receipts) showing the product as costs requested.

Repro. Method 

(Mark One)

In-House Comm*

No. of 

Original

Pages

Total No.

Documents

Reproduced

Total 

No. of

Copies

COSTS

REQUESTED

CT. USE ONLY

COSTS

ALLOWED

Appellate Docketing Fee — — — — —

Appellant’s Brief

Appendix

Appellee’s Brief

Reply Brief

*Note: If reproduction was done commercially,

receipt(s) must be attached.

TOTAL $ $ 

REQUESTED ALLOWED

I hereby swear or affirm that the costs claimed were actually and necessarily incurred in this appeal and that I have served this Bill of Costs on 

counsel/parties of record.

Signature: Date Signed: 

Attorney Name: Attorney for: 

(Type or print your name) (Type or print name of client)

E-mail: Phone: 

Street Address/City/State/Zip: 

FOR COURT USE ONLY

Costs are hereby taxed in the amount of $ against 

and are payable directly to 

David J. Smith, Clerk of Court

Issued on: By: DATE:

Deputy Clerk



22-11194-G

EUGENE MISQUITH ROBERT BORREGO, et al.,

x 50 4 200 $30.00

$30.00

Christopher J. King Digitally signed by Christopher J. King 

Date: 2023 02 24 16:19 33 -05'00' February 27, 2023

Christopher J. King of Homer Bonner Jacobs, P.A. Robert Borrego and Palm Beach Trauma Associates

cking@homerbonner.com (305)350-5126

1200 Four Seasons Tower, 1441 Brickell Avenue, Miami, FL 33131

 Appellant

 Appellee

$30.00

 /S/ Tresa A. Raines 3/7/2023 

 $30.00

 $30.00

USCA11 Case: 22-11194 Document: 011112705074 Date Filed: 03/07/2023 Page: 1 of 1 USCA11 Case: 22-11194 Document: 41 Date Filed: 03/08/2023 Page: 1 of 1 

ISSUED AS MANDATE: 03/23/2023

USCA11 Case: 22-11194 Document: 42-3 Date Filed: 03/23/2023 Page: 1 of 1

Case 9:20-cv-81123-AMC Document 116 Entered on FLSD Docket 03/24/2023 Page 8 of 8