Curlett Family Ltd. Partnership v. Particle Drilling Technologies, Inc.

GARWOOD, Circuit Judge: *

Plaintiff-appellant, Curlett Family Limited Partnership, Ltd. (“CFLP”), appeals the district court’s June 15, 2006 and June 26, 2006 orders granting the motion of the defendant-appellees, Particle Drilling Technologies, Inc., a Delaware Corporation and Particle Drilling Technologies, Inc., a Nevada Corporation (together “PDTI”), for partial summary judgment and awarding PDTI attorneys’ fees. For the following reasons, we affirm the order granting partial summary judgment and reverse the order awarding attorneys’ fees.

FACTS AND PROCEEDINGS BELOW

Harry B. Curlett, the…