Charlie Ervin Waller v. Professional Insurance Corp., J. R. Reinhardt and J. Edwin Larson
This text of 316 F.2d 729 (Charlie Ervin Waller v. Professional Insurance Corp., J. R. Reinhardt and J. Edwin Larson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This appeal is from an order denying a motion for summary judgment, and enlarging the time for answering the complaint until final determination of a suit pending in the state courts of Florida against appellee insurance company involving the same controlling legal question.
This appeal must be dismissed for the reason that each order falls in the unappealable category. On the summary judgment question, see Jones v. St. Paul Fire & Marine Ins. Co., 5 Cir., 1939, 108 F.2d 123; and Atlantic Company v. Citizens Ice & Coal Storage Co., 5 Cir., 1949, 178 F.2d 453. The enlargement order is controlled by Jackson Brewing Company v. Clarke, 5 Cir., 1962, 303 F.2d 844.
Costs are taxed three-fourths on appellant, and one-fourth on appellees.
Appeal dismissed.
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Cite This Page — Counsel Stack
316 F.2d 729, 7 Fed. R. Serv. 2d 1079, 1963 U.S. App. LEXIS 5437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charlie-ervin-waller-v-professional-insurance-corp-j-r-reinhardt-and-ca5-1963.