Newkirk v. Balboa Insurance Co.

Plaintiff Malcolme Newkirk appeals from a summary final judgment entered in favor of defendant Balboa Insurance Company. Balboa was the surety for an automobile dealership, Florida City Auto Sales, Inc., from whom plaintiff Newkirk purchased a used automobile. Balboa had posted a surety bond on behalf of Florida City with the Florida Division of Motor Vehicles to protect Florida City’s motor vehicle purchasers against loss or damage resulting from violations of Chapters 319 and 320 of the Florida Statutes.

In an action in the United States District Court for the Southern District of Florida,…