Boca Grande Club, Inc. v. Polackwich

Eleventh Circuit

Boca Grande Club, Inc. v. Polackwich

990 F.2d 606, 1993 U.S. App. LEXIS 10895, 1993 WL 129679

CourtCourt of Appeals for the Eleventh Circuit

DecidedMay 12, 1993

DocketNo. 92-2391

StatusPublished

Cited by3 cases

This text of 990 F.2d 606 (Boca Grande Club, Inc. v. Polackwich) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boca Grande Club, Inc. v. Polackwich, 990 F.2d 606, 1993 U.S. App. LEXIS 10895, 1993 WL 129679 (11th Cir. 1993).

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Opinion

PER CURIAM:

In this case, the district court, invoking the settlement bar rule suggested by Self v. Great Lakes Dredge & Dock Co., 832 F.2d 1540 (11th Cir.1987), cert. denied, 486 U.S. 1033, 108 S.Ct. 2017, 100 L.Ed.2d 604 (1988), rejected Florida Power & Light Company’s (FP & L’s) claim for contribution against Boca Grande Club, Inc. (Boca Grande) and gave Boca Grande summary judgment. After judgment was entered and this appeal was taken, Great Lakes Dredge & Dock Co. v. Tanker Robert Watt Miller, 957 F.2d 1575 (11th Cir.), cert. denied, — U.S. -, 113 S.Ct. 484, 121 L.Ed.2d 388 (1992), concluded that the issue of contribution was not before the court in Self, and held that, under maritime law, a tortfeasor is not precluded from seeking contribution from a joint tortfeasor who has settled. Id. at 1578, 1582-83. Accordingly, we must vacate the district court’s ruling and remand the case for further proceedings. In doing so, we do not pass on Boca Grande’s argument that we should affirm the district court’s summary judgement because, on the record before us, FP & L is not entitled to contribution.

VACATED and REMANDED for further proceedings.

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PER CURIAM:

In this case, the district court, invoking the settlement bar rule suggested by Self v. Great Lakes Dredge & Dock Co., 832 F.2d 1540 (11th Cir.1987), cert. denied, 486 U.S. 1033, 108 S.Ct. 2017, 100 L.Ed.2d 604 (1988), rejected Florida Power & Light Company’s (FP & L’s) claim for contribution against Boca Grande Club, Inc. (Boca Grande) and gave Boca Grande summary judgment. After judgment was entered and this appeal was taken, Great Lakes Dredge & Dock Co. v. Tanker Robert Watt Miller, 957 F.2d 1575 (11th Cir.), cert. denied, — U.S. -, 113 S.Ct. 484, 121 L.Ed.2d 388 (1992), concluded that the issue of contribution was not before the court in Self, and held that, under maritime law, a tortfeasor is not precluded from seeking contribution from a joint tortfeasor who has settled. Id. at 1578, 1582-83. Accordingly, we must vacate the district court’s ruling and remand the case for further proceedings. In doing so, we do not pass on Boca Grande’s argument that we should affirm the district court’s summary judgement because, on the record before us, FP & L is not entitled to contribution.

VACATED and REMANDED for further proceedings.

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Bluebook (online)

990 F.2d 606, 1993 U.S. App. LEXIS 10895, 1993 WL 129679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boca-grande-club-inc-v-polackwich-ca11-1993.

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