Opinion
No. 79-2147.
November 18, 1980.
Appeal from the Circuit Court, Dade County, Edward S. Klein, J.
Blackwell, Walker, Gray, Powers, Flick Hoehl and James C. Blecke, Miami, for appellant.
Bradford, Williams, McKay, Kimbrill, Hamann, Jennings Kniskern and Patricia H. Thompson, Miami, for appellee.
Before HUBBART, C.J., and NESBITT and DANIEL S. PEARSON, JJ.
The final summary judgment under review is affirmed upon a holding that: (a) the record before the trial court aside from the Michigan default judgment, was sufficient to support the summary judgment entered below [see R. 1-7, 11-16, 20-24]; (b) the Michigan default judgment, which was rendered against the defendant's principal herein, was properly considered by the trial court to support the otherwise valid summary judgment entered below; (c) the defendant's affirmative defenses were properly struck by the trial court as stating legally insufficient defenses; and (d) the plaintiff was properly allowed to bring the instant lawsuit. See Scholtz v. Hartford Accident Indemnity Co., 88 F.2d 184 (5th Cir. 1937); Lake County v. Massachusetts Bonding Insurance Co., 75 F.2d 6 (5th Cir. 1935); § 493.09(1), Fla. Stat. (1979); 10 Williston on Contracts § 1256 (1967); Annot., 59 A.L.R.2d 752 (1958).