In the Matter of the Complaint of Boca Grande Club, Inc.,for Exoneration from or Limitation of Liability As Owner Ofa 16' Prindle Catamaran Sailing Vessel Hull No.sur06214m82e, Plaintiff-counterclaim Defendant-counterclaimplaintiff-appellee, v. Alan Polackwich, Robert Polackwich, Jonathan Richards,alphonsus J. Polackwich and Eleanor A. Polackwich,defendants-counterclaim Plaintiffs,stephanie Polackwich, As Personal Representative of Theestate of Jonathan Richards,defendant-counterclaimplaintiff-crossclaim Defendant,o'day Corporation, Defendant-counterclaimplaintiff-crossclaim Plaintiff-crossclaim Defendant,florida Power & Light Company, Inc., Defendant-counterclaimplaintiff-crossclaim Defendant-crossclaimplaintiff-counterclaim Defendant-appellant, 25 F.3d 974 (11th Cir. 1994)
Annotate this CaseStuart 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.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and BRIGHT* , Senior Circuit Judge.
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.
Honorable Myron H. Bright, Senior U.S. Circuit Judge for the Eighth Circuit, sitting by designation
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