Motors Insurance Corp. v. Heavy Lift Services, Inc.

LEVY, Judge.

Following the prior remand of this case, after an earlier appeal, the appellant herein, who was the plaintiff below, filed its “Second Amended Complaint” alleging facts which it believed constituted the “active participation ... in arranging or procuring the transportation of the vehicles from the Florida port.” Motors Ins. Corp. v. Heavy Lift Services, Inc., 545 So.2d 389, 391 (Fla. 3d DCA 1989). Clearly, appellant has now appropriately alleged the “active participation” necessary to proceed further in its litigation against the appellee.

Heavy Lift also makes the same argument we…