A.B.F. Freight Systems v. Austrian Import Service

The opinion of this court issued August 2, 1990 is withdrawn. This is the opinion of the court. This is a common carrier case. Appellee, Austrian Import Service, Inc. (Austrian), as consignee, brought suit against appellant, A.B.F. Freight Systems, Inc. (A.B.F.), seeking damages arising from a misdelivery of a shipment of clutches. Trial was before the court; judgment was rendered for Austrian in the amount of $24,693.05, including prejudgment interest, and against A.B.F., with a right of recovery for the judgment amount from third party defendant, Fritz Wilkinson d/b/a International Bolt & Automotive Company (International Bolt). The trial judge filed "Findings of Fact and Conclusions of Law" pursuant to a request filed by A.B.F. Thereafter, A.B.F. filed a "Motion for New Trial and Request for Additional and Amended Findings of Fact and Conclusions of Law," which the trial court denied. A.B.F. duly perfected its appeal. We reverse and remand.