U.S. Court of Appeals for the Fifth Circuit, 1963

Charlie Ervin Waller v. Professional Insurance Corp., J. R. Reinhardt and J. Edwin Larson

Charlie Ervin Waller v. Professional Insurance Corp., J. R. Reinhardt and J. Edwin Larson
U.S. Court of Appeals for the Fifth Circuit · Decided April 29, 1963 · Tuttle, Jones, Bell
316 F.2d 729; 7 Fed. R. Serv. 2d 1079; 1963 U.S. App. LEXIS 5437 (Federal Reporter, Second Series)

Charlie Ervin Waller v. Professional Insurance Corp., J. R. Reinhardt and J. Edwin Larson

Opinion

PER CURIAM.

This appeal is from an order denying a motion for summary judgment, and enlarging the time for answering the complaint until final determination of a suit pending in the state courts of Florida against appellee insurance company involving the same controlling legal question.

This appeal must be dismissed for the reason that each order falls in the unappealable category. On the summary judgment question, see Jones v. St. Paul Fire & Marine Ins. Co., 5 Cir., 1939, 108 F.2d 123; and Atlantic Company v. Citizens Ice & Coal Storage Co., 5 Cir., 1949, 178 F.2d 453. The enlargement order is controlled by Jackson Brewing Company v. Clarke, 5 Cir., 1962, 303 F.2d 844.

Costs are taxed three-fourths on appellant, and one-fourth on appellees.

Appeal dismissed.

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