Florida District Courts of Appeal, 1980

American Druggists Insurance Co. v. City National Bank of Detroit

American Druggists Insurance Co. v. City National Bank of Detroit
Florida District Courts of Appeal · Decided November 18, 1980 · Hubbart, Nesbitt, Pearson
390 So. 2d 151; 1980 Fla. App. LEXIS 18098 (Southern Reporter, Second Series)

American Druggists Insurance Co. v. City National Bank of Detroit

Opinion of the Court

PER CURIAM.

The final summary judgment under review is affirmed upon a holding that: (a) the record before the trial court aside from the Michigan default judgment, was sufficient to support the summary judgment entered below [see R. 1-7, 11-16, 20-24]; (b) the Michigan default judgment, which was rendered against the defendant’s principal herein, was properly considered by the trial court to support the otherwise valid summary judgment entered below; (c) the defendant’s affirmative defenses were properly struck by the trial court as stating legally insufficient defenses; and (d) the plaintiff was properly allowed to bring the instant lawsuit. See Scholtz v. Hartford Accident & Indemnity Co., 88 F.2d 184 (5th Cir. 1937); Lake County v. Massachusetts Bonding & Insurance Co., 75 F.2d 6 (5th Cir. 1935); § 493.09(1), Fla.Stat. (1979); 10 Williston on Contracts § 1256 (1967); Annot., 59 A.L.R.2d 752 (1958).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.