Legal Opinion
Pacific Indemnity Company v. Broward County, and Florida Airmotive Sales, Inc.
Court of Appeals for the Fifth Circuit
Decided September 25, 1972No. 71-2646PublishedCited by 30 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
This appeal presents the Case of the Forgotten Issue and raises the interesting problem of what happens in a diversity suit where the litigants raise an issue in their pleadings and then forget about the question until after the case has gone to the jury. The district court treated the absence of proof on the issue to be a failure of proof of a material element of the cross-claim of Florida Air-motive Sales, Inc. (Airmotive) against Broward County and granted judgment notwithstanding the verdict in favor of the County on the cross-claim. We affirm.
The suit was instituted…
2Cases cited21 opinions
- Gerard M. Monod and Alys Monod v. Futura, Inc., a Delaware Corporation, Highlands, Inc., a Colorado Corporation, and Whipple Van Ness JonesCourt of Appeals for the Tenth Circuit · 1969
- W. C. Case v. Dan C. AbramsCourt of Appeals for the Tenth Circuit · 1965
- Loretta A. Laird, Helen v. Laird and Eagle Star Insurance Company, Limited v. Air Carrier Engine Service, Inc.Court of Appeals for the Fifth Circuit · 1959
- Rabinowitz v. Town of Bay Harbor IslandsSupreme Court of Florida · 1965
- Shell v. StrongCourt of Appeals for the Tenth Circuit · 1945
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Margaret Hodges, Wife Of/and Wilson P. Abraham v. United StatesCourt of Appeals for the Fifth Circuit · 1979
- Funding Systems Leasing Corporation v. Garland B. Pugh, Sr., Individually and D/B/A Georgia Tractor and Equipment CompanyCourt of Appeals for the Fifth Circuit · 1976
- Blue Sky L. Rep. P 71,737 Horace Flannery v. Art Carroll, D/B/A Hemisphere Petroleum and Ben SchultzCourt of Appeals for the Fifth Circuit · 1982
- Danny P. Emmons v. Southern Pacific Transportation CompanyCourt of Appeals for the Fifth Circuit · 1983
- Ramada Development Company v. Martin W. Rauch, Defendants-Third Party J. Stewart Stein, Third PartyCourt of Appeals for the Third Circuit · 1981
25 more not listed; retrieve them via the Exa API.