Boca Grande Club, Inc. v. Polackwich

Full title: IN THE MATTER OF THE COMPLAINT OF BOCA GRANDE CLUB, INC., FOR EXONERATION…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Jul 12, 1994

25 F.3d 974 (11th Cir. 1994)

Opinion

No. 92-2391.

July 12, 1994.

Stuart C. Markman, Kynes Markman, Tampa, FL, for appellant.

Jack C. Rinard, David F. Pope, Tampa, FL, for appellee.

Appeal from the United States District Court Middle District of Florida. (No. 88-1636-CIV-T-15A), William J. Castagna, Judge.

Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and BRIGHT,^_ Senior Circuit Judge.

_ Honorable Myron H. Bright, Senior U.S. Circuit Judge for the Eighth Circuit, sitting by designation.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

In light of the Supreme Court's holding in this case, Boca Grande Club, Inc. v. Florida Power Light Co., Inc., ___ U.S. ___, 114 S.Ct. 1472, 128 L.Ed.2d 165 (1994), that "actions for contribution against settling defendants are neither necessary nor permitted," we find that Florida Power Light may not pursue its claim for contribution against Boca Grande Club, Inc. ("Boca Grande"). Accordingly, we AFFIRM the district court's grant of summary judgment in favor of Boca Grande.

IT IS SO ORDERED.