American Druggists Insurance Co. v. City National Bank of Detroit

District Court of Appeal of Florida

American Druggists Insurance Co. v. City National Bank of Detroit

390 So. 2d 151, 1980 Fla. App. LEXIS 18098

District Court of Appeal of Florida·Decided November 18, 1980·No. No. 79-2147·Published

Opinion

PER CURIAM.

The final summary judgment under review is affirmed upon a holding that: (a) the record before the trial court aside from the Michigan default judgment, was sufficient to support the summary judgment entered below [see R. 1-7, 11-16, 20-24]; (b) the Michigan default judgment, which was rendered against the defendant’s principal herein, was properly considered by the trial court to support the otherwise valid summary judgment entered below; (c) the defendant’s affirmative defenses were properly struck by the trial court as stating legally insufficient defenses; and (d) the plaintiff was properly allowed to bring the instant lawsuit. See Scholtz v. Hartford Accident & Indemnity Co., 88 F.2d 184 (5th Cir. 1937); Lake County v. Massachusetts Bonding & Insurance Co., 75 F.2d 6 (5th Cir. 1935); § 493.09(1), Fla.Stat. (1979); 10 Williston on Contracts § 1256 (1967); Annot., 59 A.L.R.2d 752 (1958).

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The final summary judgment under review is affirmed upon a holding that: (a) the record before the trial court aside from the Michigan default judgment, was sufficient to support the summary judgment entered below [see R. 1-7, 11-16, 20-24]; (b) the Michigan default judgment, which was rendered against the defendant’s principal herein, was properly considered by the trial court to support the otherwise valid summary judgment entered below; (c) the defendant’s affirmative defenses were properly struck by the trial court as stating legally insufficient defenses; and (d) the plaintiff was properly allowed to bring the instant lawsuit. See Scholtz v. Hartford Accident & Indemnity Co., 88 F.2d 184 (5th Cir. 1937); Lake County v. Massachusetts Bonding & Insurance Co., 75 F.2d 6 (5th Cir. 1935); § 493.09(1), Fla.Stat. (1979); 10 Williston on Contracts § 1256 (1967); Annot., 59 A.L.R.2d 752 (1958).

American Druggists Insurance Co. v. City National Bank of Detroit, 390 So. 2d 151, 1980 Fla. App. LEXIS 18098 (Fla. Ct. App. 1980).

Pincite

390 So. 2d 151 (American Druggists Insurance Co. v. City National Bank of Detroit) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related