American Eastern Dev. v. Everglades Marina, 76-2044
| Decision Date | 12 January 1979 |
| Docket Number | No. 76-2044,76-2044 |
| Citation | 587 F.2d 810 |
| Parties | AMERICAN EASTERN DEVELOPMENT CORPORATION, a Florida Corporation, et al., Plaintiffs-Appellees, v. EVERGLADES MARINA, INC., Defendant, Switzerland General Insurance Company, a Foreign Corporation, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Gerald M. Walsh, Mark R. Boyd, Fort Lauderdale, Fla., for Switzerland.
Smathers & Thompson, Mercer K. Clarke, G. Morton Good, Miami, Fla., for plaintiffs-appellees.
Appeals from the United States District Court for the Southern District of Florida; Norman C. Roettger, Jr., Judge.
Before WISDOM, GODBOLD and CLARK, Circuit Judges.
CERTIFICATE FROM THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF
RULE 4.61, FLORIDA APPELLATE RULES.
To the Supreme Court of Florida and the Honorable Justices thereof:
It appears to the United States Court of Appeals for the Fifth Circuit that the above-styled case in this court involves questions or propositions of the law of the State of Florida which are determinative of the cause, and there appear to be no clear, controlling precedents in the decisions of the Supreme Court of the State of Florida. This court certifies the following questions of law to the Supreme Court of Florida for instructions concerning said questions of law, based on the facts recited herein:
I. Style of the case
The style of the case is American Eastern Development Corporation, a Florida corporation, Et Al., Plaintiffs-Appellees, v. Everglades Marina, Inc., Defendant, Switzerland General Insurance Company, a foreign corporation, Defendant-Appellant, Case No. 76-2044, United States Court of Appeals for the Fifth Circuit, on appeal from the United States District for the Southern District of Florida.
II. Statement of facts
American Eastern Development Corporation and Thomas E. O'Donnell each owned a pleasure boat stored at the Fort Lauderdale, Florida, marina operated by Everglades Marina, Inc. Both boats were stored in dry storage racks inside a building owned by Everglades. Everglades and Monroe Spodek, sole stockholder of Everglades, had encountered difficulty in meeting business obligations. On March 5, 1974, Spodek set fire to the building, damaging it and the boats.
American Eastern and O'Donnell made claims upon their insurance company, Royal Globe Insurance Companies. Royal Globe paid the claims and now is subrogated to the boat owners' rights against Everglades and its insurer, Switzerland General Insurance Company of New York. Default has been entered in both cases against Everglades. The insurance policy issued by Switzerland General was in full force and effect on the day of the fire, and the coverage had...
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American Eastern Development Corp. v. Everglades Marina, Inc.
...such liability? On January 10, 1979, we certified this question to the Supreme Court of Florida, 2 American Eastern Development Corp. v. Everglades Marina, Inc., 587 F.2d 810 (CA5, 1979). That court speedily and effectively answered the question in the negative by an opinion filed July 24, ......
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Everglades Marina, Inc. v. American Eastern Development Corp., 56,094
...where the insured knew or should have known that the additional damage would result from said act? American Eastern Development Corp. v. Everglades Marina, Inc., 587 F.2d 810 (5th Cir. 1979). For our response, we rephrase question one as Does the public policy as established by the laws of ......