FERNANDO LOPEZ, APPELLANT,

v.

ALLSTATE INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Danford v. City OF Rockledge, 387 So. 2d 967 (Fla. 5th DCA 1980)
  …acken Concrete Pipe Co., 101 Fla. 792, 135 So. 561 (1931). Second, we shall dispose of the cross-appeal. The cross-appeal seeks review of the denial of a motion for summary judgment. Such an order is not appealable. Mooney v. Integon Life Ins. Co., 368 So. 2d 957 (Fla. 3d DCA 1979). Third, we shall consider the merits of the order dismissing the case without leave to amend with regard to the city manager and the two city councilmen. In his complaint, Danford basically alleged that these three city officials…
• Owner's Adjustment Bureau, Inc. v. OTT, 402 So. 2d 466 (Fla. 3d DCA 1981)
  …James, The Law of Torts § 5.15, at 390 (1956). Second, Dreyfus and Owner's pleaded the affirmative defense of truth, which, in the absence of conclusive evidence negating this defense, precluded a summary judgment on liability. Markham v. Thompson, 368 So. 2d 957 (Fla. 3d DCA 1979); Moseley v. Turrell, 354 So. 2d 121 (Fla. 3d DCA 1978); First Mortgage Investors v. Boulevard National Bank of Miami, 327 So. 2d 830 (Fla. 3d DCA 1976). See Hannah v. James A. Ryder Corp., 380 So. 2d 507 (Fla. 3d DCA 1980). Ott di…
• Belcher v. First Nat'l Bank OF Miami, 405 So. 2d 754 (Fla. 3d DCA 1981)
  …dgment should have been granted for all. Recognizing, however, that they may not appeal from the denial of their own motion for summary judgment, Danford v. City of Rockledge, 387 So. 2d 967 (Fla. 5th DCA 1980); Mooney v. Integon Life Insurance Co., 368 So. 2d 957 (Fla.3d DCA 1979); Fla.R.App.Pro. 9.130, appellants instead challenge the summary judgment in favor of their codefendant FNBM. For many years the rule in Florida was that a defendant could not appeal a judgment exonerating a codefendant because the…

Authorities Cited

• Roberts v. Carter, 350 So. 2d 78 (Fla. 1977)
• Wilder v. Wright, 278 So. 2d 1 (Fla. 1973)