IN THE MATTER OF THE COMPLAINT OF BOCA GRANDE CLUB, INC., FOR EXONERATION FROM OR LIMITATION OF LIABILITY AS OWNER OF A 16' PRINDLE CATAMARAN SAILING VESSEL HULL NO. SUR06214M82E, PLAINTIFF-COUNTERCLAIM DEFENDANT-COUNTERCLAIM PLAINTIFF-APPELLEE,
v.
ALAN POLACKWICH, ROBERT POLACKWICH, JONATHAN RICHARDS, ALPHONSUS J. POLACKWICH AND ELEANOR A. POLACKWICH, DEFENDANTS-COUNTERCLAIM PLAINTIFFS, STEPHANIE POLACKWICH, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JONATHAN RICHARDS, DEFENDANT-COUNTERCLAIM PLAINTIFF-CROSSCLAIM DEFENDANT, O'DAY CORPORATION, DEFENDANT-COUNTERCLAIM PLAINTIFF-CROSSCLAIM PLAINTIFF-CROSSCLAIM DEFENDANT, FLORIDA POWER & LIGHT COMPANY, INC., DEFENDANT-COUNTERCLAIM PLAINTIFF-CROSSCLAIM DEFENDANT-CROSSCLAIM PLAINTIFF-COUNTERCLAIM DEFENDANT-APPELLANT

11th Cir. | 1993-05-12
No. 92-2391
Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and BRIGHT, Senior Circuit Judge.
990 F.2d 606 Court of Appeals for the Eleventh Circuit (1993) Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: In this case, the district court, invoking the settlement bar rule suggested by Self v. Great Lakes Dredge & Dock Co., 832 F. 2d 1540 (11th Cir.1987), cert. denied, 486 U.S. 1033, 108 S.Ct. 2017, 100 L.Ed.2d 604 (1988), rejected Florida Power & Light Company’s (FP & L’s) claim for contribution against Boca Grande Club, Inc. (Boca Grande) and gave Boca Grande summary judgment. After judgment was entered and this appeal was taken, Great Lakes Dredge & Dock Co. v. Tanker Robert Watt Miller, 957 F. 2d 1575 (11th Cir.), cert. denied, — U.S. -, 113 S.Ct. 484, 121 L.Ed.2d 388 (1992), concluded that the issue of contribution was not before the court in Self, and held that, under maritime law, a tortfeasor is not precluded from seeking contribution from a joint tortfeasor who has settled. Id. at 1578, 1582-83.

Accordingly, we must vacate the district court’s ruling and remand the case for further proceedings. In doing so, we do not pass on Boca Grande’s argument that we should affirm the district court’s summary judgement because, on the record before us, FP & L is not entitled to contribution. VACATED and REMANDED for further proceedings.

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  • Fla. Power & Light Co. v. Polackwich, 677 So. 2d 880 (Fla. 2d DCA 1996)
    …ted the estates’ argument that only FP & L should appear on the verdict form, and that the settlements should result in a pro tanto setoff. This ruling was consistent with a ruling in a related federal case. See Boca Grande Club, Inc. v. Polackwich, 990 F. 2d 606 (11th Cir.1993). Following the trial in this case, the United States Supreme Court rejected the pro tanto setoff method for handling settlements by other defendants in admiralty cases and adopted the proportionate share approach. McDermott, Inc. v…
  • Great Lakes Dredge & Dock Co. v. Tanker Robert Watt Miller, 92 F.3d 1102 (11th Cir. 1996)
    …d with only one issue when it decided Boca Grande prior to the Supreme Court’s decision in the case: whether the settlement bar rule suggested by Self precluded a contribution claim against a settling defendant. Boca Grande Club, Inc. v. Polackwich, 990 F. 2d 606, 607 (1993). The Boca Grande panel relied upon our intervening decision in Great Lakes III to vacate a contrary decision by the district court and remand for further proceedings. Id. The Supreme Court vacated this court’s judgment, based on McDerm…

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