EAGLE STAR INSURANCE COMPANY v. MALTES

No. 19718.

313 F.2d 778 (1963)

EAGLE STAR INSURANCE COMPANY, Limited, Appellant, v. Augustin MALTES, Gilberto Perez, and Bernabe Arroyo, Appellees.

United States Court of Appeals Fifth Circuit.

March 1, 1963.


Attorney(s) appearing for the Case

Henry Burnett, Miami, Fla., Fowler, White, Gillen, Humkey & Trenam, Miami, Fla., of counsel, for appellant.

James A. Franklin, Jr., Henderson, Franklin, Starnes & Holt, Fort Myers, Fla., for appellee.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.


TUTTLE, Chief Judge.

This appeal presents the threshold inquiry as to the jurisdiction of the trial court. It is a suit filed by three injured parties who allege that they had obtained judgments against the appellant's assured "for the sum of $13,200 damages and costs of $85.80, which said judgments are a matter of record in said court." The complaint did not allege the amount of the judgment of any one of the three appellees. It is obvious that no more than one of...

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