R. L. OGDEN AND A. G. OGDEN, D/B/A OGDEN TRUCKING COMPANY, APPELLANTS,
v.
THE UNION MARINE AND GENERAL INSURANCE COMPANY, LIMITED, APPELLEE
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The court affirmed the summary final judgment and the cost judgment.
Appellants appealed a summary final judgment finding no insurance coverage and a cost judgment. The appeal was rendered moot by the affirmance of a re…
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Counsel having conceded during oral argument that in the event Case No. 63-601 American Universal Ins. Co. v. Ogden, 163 So.2d 346, resulted in an affirmance of the trial court’s judgment, the issues presented by this appeal would be moot.
This appeal is from a final summary judgment finding no coverage under an insurance policy issued by the appellee. The opinion in Case No. 63-601, released this *344date, having resulted in an affirmance of the final judgment in favor of the appellees under review in that action, the question as to the propriety of the summary judgment in this action is now moot.
The appellants have also questioned the correctness of the cost judgment entered by the trial court. Reviewing this action in accordance with the principles announced in Spencer v. Florida-Georgia Tractor Company, Fla.App.1959, 114 So.2d 466; Butler v. Borowsky, Fla.App. 1960, 120 So.2d 656; Reynolds v. Aument, Fla.App.1962, 137 So. 2d 832, we find no abuse of discretion on the part of the trial judge in this particular. Therefore, in accordance with the views expressed above, the summary final judgment is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boat Town U. S. A., Inc. v. Mercury Marine Div. OF Brunswick Corp., 364 So. 2d 15 (Fla. 4th DCA 1978)…that state determines and controls the validity, interpretation, and rights and obligations under the contract. Confederation Life Association v. Ugalde, 151 So. 2d 315 (Fla.3d DCA 1963), aff’d in part, rev’d in part, 164 So. 2d 1 (Fla.), on remand 163 So. 2d 343 (Fla.3d DCA), cert. denied 379 U.S. 915, 85 S.Ct. 263, 13 L.Ed.2d 186. In the instant case, both the place of making and of performance are located in Wisconsin. The contract was entered into at Fond du Lac, Wisconsin, the situs of Mercury Marine D…
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Beck v. Pa. Nat'l Mut. Cas. Ins. Co., 429 F.2d 813 (5th Cir. 1970)…sent here Florida courts would look to the substantive law of Pennsylvania, Confederation Life Association v. Ugalde, Fla.Dist.Ct.App.1963, 151 So. 2d 315, affirmed in part, reversed in part on other grounds, Fla., 164 So. 2d 1, on remand, Fla.App., 163 So. 2d 343, cert. denied, 379 U.S. 915, 85 S.Ct. 263, 13 L. Ed.2d 186. Pennsylvania would apply its own law since the policy was issued and delivered there. Moffat v. Metropolitan Casualty Insurance Co. of New York, M.D.Pa.1964, 238 F.Supp. 165; Eastcoast Equi…
Authorities Cited
- Butler v. Borowsky, 120 So. 2d 656 (Fla. 3d DCA 1960)
- Carlson v. Carlson, 114 So. 2d 466 (Fla. 2d DCA 1959)
- Reynolds v. Aument, 137 So. 2d 832 (Fla. 2d DCA 1962)
- Finley B. Duncan and Carole L. Duncan v. Valparaiso Realty Co., 163 So. 2d 346 (Fla. 1st DCA 1964)
- Fla. Home Mortg. Co. v. Cantrals, 163 So. 2d 346 (Fla. 1st DCA 1964)