U.S. Court of Appeals for the Third Circuit, 1976

Nortek, Inc. v. Alexander Grant & Company-Third Party Plaintiffs-Appellees-Appellants v. Sani Distributors, Inc., Third Party

U.S. Court of Appeals for the Third Circuit · Decided August 5, 1976 · Brown, Tuttle, Gee

536 F.2d 624; 1976 U.S. App. LEXIS 7696 (Federal Reporter, Second Series)

Counsel

Bernard R. Pollock, John F. Bomster, Providence, R. L, Paul, Landy & Beiley, Lawrence R. Heller, Miami, Fla., George L. Chimento, Providence, R. L, for plaintiff-appellant., Robert Orseck, Robert L. Parks, Miami, Fla., Howard L. Kastel, Chicago, 111., for Alexander Grant & Co., Morton P. Brown, North Miami, Fla., for Sani Dist. Inc., and others.

Cases that cite this one

2 later published cases cite this decision.

Fed. Sec. L. Rep. P 98,391 Roger L. Summer v. Land & Leisure, Inc., Roger L. Summer, Cross-Appellee v. Land & Leisure, Inc., Cross-Appellants (5th Cir. 1981)
Bryne v. GULFSTREAM FIRST BANK & TRUST CO., ETC. (United States District Court for the Southern District of Florida 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Appellant correctly asserts that the Florida blue-sky law’s two-year statute of limitation does not bar its cause of action for gross negligence. This is governed by the Florida fraud statute of limitation, and appellant alleges that its complaint falls within this three-year period. However, the trial court found conclusively that defendant’s action did not constitute fraud or gross negligence, a finding with which we agree. We, therefore, put aside all problems of date of discovery and decline to consider further whether the negligence here was so gross as to constitute constructive fraud. See State Street Trust Co. v. Ernst, 278 N.Y. 104, 15 N.E.2d 416 (1938). The petition for rehearing is DENIED.

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