Opinion
No. 09-14115.
April 20, 2010.
Austin N. Aaronson, Winter Park, FL, for Plaintiff-Appellant.
Craig Frischer Novick, Cole Scott Kissane PA, Gregory Stuart Stark, Orlando, FL, for Defendant-Appellee.
Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 08-01384-CV-ORL-18-DAB.
Before DUBINA, Chief Judge, MARTIN and COX, Circuit Judges.
Plaintiff-Appellant Fernando Simoes sued Defendant-Appellee Wintermere Pointe Homeowners Association in federal district court, alleging violations of 42 U.S.C. § 1981 and the Fair Housing Act, 42 U.S.C. § 3617, and asking for declaratory relief. After the district court granted summary judgment in favor of the homeowners association on all claims, Simoes perfected this appeal.
This court reviews de novo an order granting summary judgment. Reeves v. C.H. Robinson Worldwide, Inc., 594 F.3d 798, 807 (11th Cir. 2010).
After reading the parties' briefs and having the benefit of oral argument, we conclude that the district court properly granted summary judgment to the Homeowners Association on Simoes' § 1981 and FHA claims because Simoes failed to offer sufficient evidence of intentional discrimination on either claim. Because we conclude that Simoes' "statistical" evidence is too unsubstantiated and conclusory to raise an inference of discrimination, Simoes is left with one comment by an officer of the homeowners association as his sole basis to prove his claims. Without more, Simoes has not created a jury question. Accordingly, we affirm the district court's grant of summary judgment to the Homeowners Association.
AFFIRMED.