U.S. Court of Appeals for the Fifth Circuit, 1974

A. R. Moyer, Inc. v. John Hans Graham and John Hans Graham and Associates

U.S. Court of Appeals for the Fifth Circuit · Decided April 12, 1974 · Ainsworth, Coleman, Gewin, Per Curiam

492 F.2d 797; 1974 U.S. App. LEXIS 9177 (Federal Reporter, Second Series)

Counsel

Robert J. Paterno, Miami, Fla., for plaintiff-appellant., Knight, Underwood, Peters, Hoeveler & Pickle, William M. Hoeveler, Miami, Fla., for defendant-appellee.

Cases that cite this one

5 later published cases cite this decision. The 4 that cite it most often are listed here.

Szczepanski v. General Motors Acceptance Corp. (5th Cir. 1977)
Edna M. Ward, Wife of and Robert L. Ward v. State Farm Mutual Automobile Insurance Company (5th Cir. 1976)
Nicholas Nardone, an Infant, by His Father and Next Friend, Nicholas H. Nardone, and Nicholas H. Nardone, Individually v. David H. Reynolds (5th Cir. 1975)
Margie C. Barnes v. Atlantic & Pacific Life Insurance Company of America, a Corporation (5th Cir. 1975)

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:

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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