Pan American Surety Co. v. Cooke

District Court of Appeal of Florida

Pan American Surety Co. v. Cooke

130 So. 2d 290, 1961 Fla. App. LEXIS 2754

CourtDistrict Court of Appeal of Florida

DecidedMay 18, 1961

DocketNo. 60-533

StatusPublished

Cited by3 cases

This text of 130 So. 2d 290 (Pan American Surety Co. v. Cooke) 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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Pan American Surety Co. v. Cooke, 130 So. 2d 290, 1961 Fla. App. LEXIS 2754 (Fla. Ct. App. 1961).

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Opinion

PER CURIAM.

The Pan American Surety Company was plaintiff in an action of interpleader. M. O. Cooke and Morris Motors, Inc. were alleged to be contending claimants to a fund in the possession of Pan American Surety Company. The court, by its final decree, found that the plaintiff was not entitled to interpleader upon the ground that plaintiff did not show that the adverse claims were dependent or had a common origin. Having so determined the court made certain orders relative to the claims involved. It is from this final decree that this appeal is taken by Pan American Surety Company.

Upon the trial court’s finding that inter-pleader was not proper under the facts set forth in the complaint, we are in entire accord. See Paul v. Harold Davis, Inc., 155 Fla. 538, 20 So.2d 795; Miller v. Kokanour, 155 Fla. 543, 20 So.2d 797. Having determined that interpleader did not lie, the court had no authority to then ad[291]*291judicate the rights of the parties. Drummond Title Company v. Weinroth, Fla.1955, 77 So.2d 606. Therefore the final decree appealed is affirmed insofar as it held inter-pleader was improper and is reversed as to that portion which purported to adjudicate the rights of the parties, and the cause is remanded for the entry of an amended final decree dismissing the complaint.

Affirmed in part and reversed in part and remanded.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.

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PER CURIAM.

The Pan American Surety Company was plaintiff in an action of interpleader. M. O. Cooke and Morris Motors, Inc. were alleged to be contending claimants to a fund in the possession of Pan American Surety Company. The court, by its final decree, found that the plaintiff was not entitled to interpleader upon the ground that plaintiff did not show that the adverse claims were dependent or had a common origin. Having so determined the court made certain orders relative to the claims involved. It is from this final decree that this appeal is taken by Pan American Surety Company.

Upon the trial court’s finding that inter-pleader was not proper under the facts set forth in the complaint, we are in entire accord. See Paul v. Harold Davis, Inc., 155 Fla. 538, 20 So.2d 795; Miller v. Kokanour, 155 Fla. 543, 20 So.2d 797. Having determined that interpleader did not lie, the court had no authority to then ad[291]*291judicate the rights of the parties. Drummond Title Company v. Weinroth, Fla.1955, 77 So.2d 606. Therefore the final decree appealed is affirmed insofar as it held inter-pleader was improper and is reversed as to that portion which purported to adjudicate the rights of the parties, and the cause is remanded for the entry of an amended final decree dismissing the complaint.

Affirmed in part and reversed in part and remanded.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.

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130 So. 2d 290, 1961 Fla. App. LEXIS 2754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pan-american-surety-co-v-cooke-fladistctapp-1961.

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