Legal Opinion
Burke Co. v. Hilton Development Co.
District Court, N.D. Florida
Decided September 30, 1992No. Civ.A. 90-50205/LACPublishedCited by 8 opinions
1Opinion of the Court
ORDER
COLLIER, District Judge.
The defendant has moved for dismissal of the plaintiff’s complaint for lack of subject matter jurisdiction over this diversity action, or alternatively, for summary judgment based on the common law doctrine of accord and satisfaction (docs. 7 & 8). The plaintiff argues in response that it has met the requisite amount in controversy, and, further, that under Florida law, there has been no accord and satisfaction (doc. 14). Although the Court finds that the plaintiff has satisfied the amount in controversy requirement of 28 U.S.C. § 1332, it, nonetheless, concludes…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Adolph Coors Company v. Movement Against Racism and the KlanCourt of Appeals for the Eleventh Circuit · 1985
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3Cited by8 opinions
- Ho v. LeftwichHawaii Supreme Court · 1998
- Fabric v. Provident Life & Accident InsuranceCourt of Appeals for the Eleventh Circuit · 1997
- Martinez v. South Bayshore Tower, LLLPDistrict Court of Appeal of Florida · 2008
- Weinstein v. District of Columbia Housing AuthorityDistrict Court, District of Columbia · 2013
- Shannon R. Ginn Construction Co. v. Reliance InsuranceDistrict Court, S.D. Florida · 1999
3 more not listed; retrieve them via the Exa API.