A. R. MOYER, INC., PLAINTIFF-APPELLANT,
v.
JOHN HANS GRAHAM AND JOHN HANS GRAHAM AND ASSOCIATES, DEFENDANTS-APPELLEES
A. R. MOYER, INC., PLAINTIFF-APPELLANT,
JOHN HANS GRAHAM AND JOHN HANS GRAHAM AND ASSOCIATES, DEFENDANTS-APPELLEES
492 F.2d 797
Court of Appeals for the Fifth Circuit (1974)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
We previously certified the issues presented on this appeal to the Supreme Court of Florida for a resolution of the applicable and controlling state law in this diversity suit. See Moyer, Inc. v. Graham, 443 F. 2d 434 (5th Cir. 1971). In its opinion, the Florida Supreme Court definitively answered the issues presented. See Moyer, Inc. v. Graham, 285 So. 2d 397 (Fla.1973). In light of that opinion, we vacate the order of the district court dismissing appellant’s complaint and remand with directions to that court to require the appellees to respond to the complaint. With respect to Count II of appellant’s complaint which asserted a cause of action as third-party beneficiary, a determination of the intent of the owner and the architect as evidenced by their contract will be necessary.
Vacated and remanded.
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In re McCLINTOCK v. Gen. Motors Acceptance Corp., 558 F.2d 732 (5th Cir. 1977)
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Nardone v. Reynolds, 508 F.2d 660 (5th Cir. 1975)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A. R. Moyer, Inc. v. Graham, 285 So. 2d 397 (Fla. 1973)
- A. R. Moyer, Inc. v. Graham, 443 F.2d 434 (5th Cir. 1971)