Urrutia Aviation Enterprises, Inc. v. BB Burson & Assoc., Inc., 26313.
| Decision Date | 26 February 1969 |
| Docket Number | No. 26313.,26313. |
| Citation | 406 F.2d 769 |
| Parties | URRUTIA AVIATION ENTERPRISES, INC., et al., Appellants, v. B. B. BURSON AND ASSOCIATES, INC., Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Max Lurie, Lurie & Capuano, Miami, Fla., for appellants.
Dwight Sullivan, Talbot D'Alemberte, Scott, McCarthy, Steel, Hector & Davis, Miami, Fla., for appellee.
Before JOHN R. BROWN, Chief Judge, AINSWORTH, Circuit Judge and FULTON, District Judge.
In addition to a formal ratification of commencement of the action pursuant to Rule 17, F.R.Civ.P., filed in the District Court by the Assignee (Howard), the Assignor (B. B. Burson and Associates, Inc.) and the Assignee have placed in escrow, with the Clerk of the District Court as escrow holder, a formal satisfaction of judgment signed by the Assignee and the Assignor, and binding them jointly. This document is to be delivered to the judgment debtor (Urrutia Aviation Enterprises, Inc.) and Saul Urrutia) upon payment in full of the judgment with interest and costs or the written authorization of the Assignor and Assignee.
There has thus been full compliance with both the letter and spirit of Rule 17. This arrangement, suggested by the Court at oral argument, and accepted by the judgment creditor eliminates any fear that the judgment debtor may be forced to pay the judgment more than once.
This disposition renders the appeal frivolous and the judgment below is in all respects affirmed.
Affirmed.
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...any transfer of interest, the action may be continued by ... the original party"). 30 Urrutia Aviation Enterprises, Inc. v. B.B. Burson & Associates, Inc., 406 F.2d 769, 770 (5th Cir.1969) (per curiam). 31 Defense counsel suggests that these two should not be treated as plaintiffs because t......
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