Dorse v. Armstrong World Industries, Inc.

Full title: JOSEPHINE DORSE, AS PERSONAL REPRESENTATIVE TO THE ESTATE OF ALFRED DORSE…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Feb 16, 1988

837 F.2d 957 (11th Cir. 1988)

Opinion

No. 85-5334.

February 16, 1988.

Susan J. Cole, Coral Gables, Fla., Catherine Baumer, Spriggs, Bode Hollingsworth, Joe G. Hollingsworth, Washington, D.C., for defendant-appellant.

Louis S. Robles, Miami, Fla., for Alfred Dorse.

Jane N. Saginaw, Charles S. Siegel, Dallas, Tex., for Josephine Dorse.

Appeal from the United States District Court for the Southern District of Florida; James Lawrence King, Judge.

Before HILL, Circuit Judge, and HENDERSON and BROWN^_, Senior Circuit Judges.

_ Honorable John R. Brown, Senior U.S. Circuit Judge for the Fifth Circuit, sitting by designation.

HILL, Circuit Judge:

Following oral argument in this case, we certified a question of law to the Florida Supreme Court. Dorse v. Armstrong World Industries, Inc., 798 F.2d 1372 (1986). That opinion contains a summary of the facts, which need not be repeated here.

The Florida Supreme Court has now answered the certified question. Dorse v. Armstrong World Industries, Inc., 513 So.2d 1265 (Fla. 1987). As the Florida Supreme Court has now held that a "military contractor's defense" will be recognized in Florida law under certain specified circumstances, we vacate the previous district court's opinion in this case, and remand to the district court for further consideration of the issues presented.

VACATED and REMANDED.