Opinion · Court of Appeals for the Fifth Circuit

Ellis Diesel Sales & Service, Inc. v. M/v on Strike

488 F.2d 1095

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1973-12-17
Topic
general

How later courts describe this case

  • summary vacation of judgment and remand for findings under Rule 52(a)

Citator

UpLaw has not yet analyzed Ellis Diesel Sales & Service, Inc. v. M/v on Strike. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions
ELLIS DIESEL SALES SERV., v. M/V ON STRIKE,488 F.2d 1095(5th Cir. 1973)
ELLIS DIESEL SALES SERVICE, INC., PLAINTIFF-APPELLEE, v. M/V ON STRIKE,
DEFENDANT-APPELLANT.
No. 73-2844.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
December 17, 1973.
Page 1096
Daniel N. Heller, Miami, Fla., for defendant-appellant.

G. E. Hartwig, Ft. Lauderdale, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before WISDOM, AINSWORTH and CLARK, Circuit Judges.
PER CURIAM:
[1] This is rem action was brought by plaintiff, Ellis Diesel Sales Service, Inc., seeking to enforce a claim for labor and materials, and for attorney fees, against the M/V "ON STRIKE." Defendant filed a counterclaim alleging damages negligently caused to the vessel. The District Court, sitting without a jury, tried the case and entered a final judgment in favor of plaintiff, including an award of attorney fees, and allowed defendant a setoff on its counterclaim. Defendant appeals.

[2] The record discloses that the district judge failed to enter findings of fact and conclusions of law as required by Fed.R.Civ.P.52(a). We therefore vacate the judgment of the District Court and remand the case for appropriate findings and conclusions. Anderson v. United States, 5 Cir., 1969,413 F.2d 1045; Mladinich v. United States, 5 Cir., 1967,371 F.2d 940; Oil Gas Income, Inc. v. Woods Exploration Producing Co., 5 Cir., 1966,362 F.2d 309; Employers' Liability Assur. Corp. v. Weeden, 5 Cir., 1960,274 F.2d 809; Victory Towing Co., Inc. v. Bordelon, 5 Cir., 1955,219 F.2d 540.

[3] Vacated and remanded.Page 1142
  1. Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, et at., 5 Cir., 1970,431 F.2d 409, Part I. ↩