Legal Opinion

Aetna Insurance v. Poole & Kent Co.

District Court, S.D. Florida

Decided March 6, 1969No. Civ. A. No. 68-218PublishedCited by 1 opinion

1Opinion of the Court

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

ATKINS, District Judge.

It is rare that opposing parties in a lawsuit can reach complete agreement in the facts involved. In the case sub judioe, both parties have signified such agreement in their motions for summary judgment. The Court concurs in such procedure as the facts are well established and only the legal issue remains.

Briefly, the situation is as follows; Defendant is a general contractor which entered into an agreement with a subcontractor. After substantial performance the subcontractor walked off the job, having received a number of…

2Cases cited4 opinions

  1. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  2. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  3. Union Indemnity Co. v. City of New SmyrnaSupreme Court of Florida · 1930
  4. Midtown Bank of Miami v. The Travelers Indemnity Company, the Travelers Indemnity Company v. Riverside BankCourt of Appeals for the Fifth Circuit · 1966

3Cited by1 opinion

  1. Transamerica Ins. Co. v. Barnett Bank of Marion County, NADistrict Court of Appeal of Florida · 1988

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