195 So. 2d 230 | Fla. Dist. Ct. App. | 1967
Appellant, Aerovías Panama, S. A., a Panama corporation, was defendant to a cross-claim in a law action. Air carrier Engine Service, Inc. claimed amounts due for the repair of aircraft engines owned by Universal Trading Corporation. Universal Trading Corporation, a Panama corporation, filed a cross-claim against Aerovías Panama, alleging that Aerovías Panama was liable for the amounts claimed against Universal Trading. This claim was based
On this appeal, Air Carrier Engine Serv ice, the original plaintiff, and Universal Trading Corporation, the cross-claimant, are appellees. Universal Trading Corporation has filed a brief on this appeal, but the original plaintiff, Air Carrier Engine Service, has not.
Appellant, Aerovías Panama, has presented two points; they are:
Point I
“Aerovías Panama, S. A. did not execute any lease agreements with either Air Carrier Engine Service, Inc. or Universal Trading Corporation, nor did Aero-vías Panama, S. A. have knowledge of or ratify any act of Panama Airways, Inc. in the execution of leases with Air Carrier Engine Service, Inc. and Universal Trading Corporation.
Point II
“The trial court erred in granting the appellee-ACES’ motion for leave to amend pleadings to conform to the proof.”
It is appellant’s position that Panama Airways, Inc., a Delaware corporation now in bankruptcy, actually operated the airline between Panama and the United States, and that all dealings relating to leasing the aircraft from Universal and repairing the engines by Air Carrier Engine Service were conducted by Panama Airways, Inc.
Our review of this record reveals no evidence upon which the trial judge could have found that Aerovías Panama executed, had knowledge of, or ratified the aircraft lease agreement upon which Universal relies. In this connection, we note that Aerovías Panama — not Panama Airways, Inc. — held the certificate of convenience and necessity
Appellant’s second point urges a procedural error; that is, the court erred in
Having reached the conclusion that the trial judge misconceived the legal effect of the evidence, the judgment appealed is reversed with directions to enter judgment for Aerovías Panama on the cross-claim of Universal Trading Corporation.
Reversed.
. 49 U.S.C. § 1372.