A. R. Moyer, Inc. v. John Hans Graham and John Hans Graham and Associates
A. R. MOYER, INC., Plaintiff-Appellant, v. John Hans GRAHAM and John Hans Graham and Associates, Defendants-Appellees
Opinion
PER CURIAM:
We previously certified the issues presented on this appeal to the Supreme Court of Florida for a resolution of the applicable and controlling state law in this diversity suit. See Moyer, Inc. v. Graham, 443 F.2d 434 (5th Cir. 1971). In its opinion, the Florida Supreme Court definitively answered the issues presented. See Moyer, Inc. v. Graham, 285 So.2d 397 (Fla.1973). In light of that opinion, we vacate the order of the district court dismissing appellant’s complaint and remand with directions to that court to require the appellees to respond to the complaint. With respect to Count II of appellant’s complaint which asserted a cause of action as third-party beneficiary, a determination of the intent of the owner and the architect as evidenced by their contract will be necessary.
Vacated and remanded.
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- Edna M. Ward, Wife of and Robert L. Ward v. State Farm Mutual Automobile Insurance Company
- Nicholas Nardone, an Infant, by His Father and Next Friend, Nicholas H. Nardone, and Nicholas H. Nardone, Individually v. David H. Reynolds
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Most recent
- Richard Lee McClintock Bankrupt. Edward W. Szczepanski, Jr., Trustee- v. General Motors Acceptance Corporation, in Re Paul Jean Portman, Jr., Bankrupt
- Szczepanski v. General Motors Acceptance Corp.
- Edna M. Ward, Wife of and Robert L. Ward v. State Farm Mutual Automobile Insurance Company
- Margie C. Barnes v. Atlantic & Pacific Life Insurance Company of America, a Corporation
- Nicholas Nardone, an Infant, by His Father and Next Friend, Nicholas H. Nardone, and Nicholas H. Nardone, Individually v. David H. Reynolds
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