UPPER KEYS MARINE CONSTRUCTION, INC., APPELLANT,
v.
ALONZO COTHRON, INC., APPELLEE
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The trial court correctly denied the defendant's attempt to supplement its answer with the insurer's insolvency, as this issue was already decided.
Following a prior appellate decision, the defendant sought to amend its answer to include the insolvency of its insurance carrier as a defense. The tr…
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PER CURIAM.
Following our earlier decision in this matter reported in Alonzo Cothron, Inc. v. Upper Keys Marine Construction, Inc., 480 So. 2d 136 (Fla. 3d DCA 1985), the matter recurred in the trial court. Counsel for Upper Keys agreed that judgment should be entered in accordance with the mandate of this court for Alonzo Cothron, Inc. He then sought to supplement his original answer by pleading the insolvency of Upper Keys’ insurance carrier in order to urge as a defense section 631.54(3), Fla.Stat. (1985). The trial court denied such and we affirm.
After the original trial proceeding, the Upper Keys’ carrier became insolvent. This was brought to this court’s attention in the earlier proceedings1 when the insolvency of the insured’s carrier was urged as a bar to Cothron’s claim. The matter was briefed and thereafter the court rendered its prior opinion, in effect finding that insolvency of the defendant’s insurance carrier would have no effect on the plaintiff’s contract claim. This became the law of the case. See Greene v. Massey, 384 So. 2d 24, 27 (Fla.1980); Nichols v. Tarsches, 429 So. 2d 409, 412 (Fla. 3d DCA), petition for rev. denied, 440 So. 2d 353 (Fla.1983); Goodman v. Olsen, 365 So. 2d 393, 396 (Fla. 3d DCA 1978), cert. denied, 376 So. 2d 74 (Fla.1979); Alford v. Summerlin, 423 So. 2d 482, 485 (Fla. 1st DCA 1982).
Therefore, the order under review is affirmed.
Affirmed.
. We can take judicial notice of our own records in prior cases. Airvac, Inc. v. Ranger Ins. Co., 330 So. 2d 467, 469 (Fla.1976); Kelley v. Kelley, 75 So. 2d 191, 193-94 (Fla.1954); Tower Credit Corp. v. State, 183 So. 2d 255, 256 (Fla. 4th DCA 1966).
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Citator
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Cleary Bros. Constr. Co. v. Upper Keys Marine Constr., Inc., 526 So. 2d 116 (Fla. 3d DCA 1988)…indemnitee’s claim under a contract between the parties providing for indemnification, Alonzo Cothron, Inc. v. Upper Keys Marine Construction, Inc., 480 So. 2d 136 (Fla. 3d DCA 1985) and Upper Keys Marine Construction, Inc. v. Alonzo Cothron, Inc., 507 So. 2d 1135 (Fla. 3d DCA 1987), we reverse the trial court’s order granting summary judgment and entering final judgment in favor of Upper Keys Marine Construction, Inc. Mistakenly treating appellant’s indemnity claims as subroation claims, the court granted s…1 / 2
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Lavis Plumbing Servs., Inc. v. Johnson, 536 So. 2d 269 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed on the authority of Upper Keys Marine Construction v. Alonzo Cothron, Inc., 507 So. 2d 1135 (Fla. 3d DCA 1987); see also Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987).…
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Velazquez v. Rosen, 107 So. 3d 1178 (Fla. 3d DCA 2013)…, 2013. . Final Judgment entered December 20, 2012, in Circuit Court Case No. 11-30724-CA-15. . We may take judicial notice of the documents filed here by the parties in these related cases. Upper Keys Marine Constr., Inc. v. Alonzo Cothron, Inc., 507 So. 2d 1135, 1135 n. 1 (Fla. 3d DCA 1987).…
Authorities Cited (11 total)
- Airvac, Inc. v. Ranger Ins. Co., 330 So. 2d 467 (Fla. 1976)
- Fla. Prestressed Concrete Ass'n, Inc. v. Fla. Pub. Serv. Comm'n, 384 So. 2d 24 (Fla. 1980)
- Greene v. Massey, 384 So. 2d 24 (Fla. 1980)
- Tower Credit Corp. v. State, 183 So. 2d 255 (Fla. 4th DCA 1966)
- Goodman v. Olsen, 365 So. 2d 393 (Fla. 3d DCA 1978)
- Webb v. White, 423 So. 2d 482 (Fla. 1st DCA 1982)
- Alford v. Summerlin, 423 So. 2d 482 (Fla. 1st DCA 1982)
- Thames v. Euna Creech Thames, 75 So. 2d 191 (Fla. 1954)
- Nida Ellen Kelley v. Kelley, 75 So. 2d 191 (Fla. 1954)
- Miller Trailers, Inc. v. Allen, 480 So. 2d 136 (Fla. 1st DCA 1985)