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

CourtDistrict Court of Appeal of Florida

DecidedNovember 18, 1980

DocketNo. 79-2147

StatusPublished

This text of 390 So. 2d 151 (American Druggists Insurance Co. v. City National Bank of Detroit) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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).

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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).

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390 So. 2d 151, 1980 Fla. App. LEXIS 18098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-druggists-insurance-co-v-city-national-bank-of-detroit-fladistctapp-1980.

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