ZUCKERMAN & VERNON CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
RONALD MOTCHKAVITZ AND JOAN MOTCHKAVITZ, HIS WIFE, L. C. BOGGS INDUSTRIES, INC., AND THEODORE FABER, AN INDIVIDUAL, APPELLEES
ZUCKERMAN & VERNON CORPORATION, A FLORIDA CORPORATION, APPELLANT,
RONALD MOTCHKAVITZ AND JOAN MOTCHKAVITZ, HIS WIFE, L. C. BOGGS INDUSTRIES, INC., AND THEODORE FABER, AN INDIVIDUAL, APPELLEES
370 So. 2d 1170
Florida District Court of Appeal, Fourth District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Before us is a motion to dismiss an appeal commenced by one co-defendant who seeks review of a final judgment exonerating another co-defendant from liability. On the authority of Christian et al. v. Popovich et al., 363 So. 2d 2 (Fla. 1st DCA 1978) and Sol Walker & Co. v. Seaboard Coast Line R. Co., 362 So. 2d 45 (Fla. 2d DCA 1978) the motion to dismiss is denied.
In so ruling we hold that the right of one co-defendant to appeal a judgment which exonerates another co-defendant is inherently implied in Florida’s Contribution Act, Section 768.31, Florida Statutes (1977).
LETTS, MOORE and BERANEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pensacola Interstate Fair, Inc. v. Popovich, 389 So. 2d 1179 (Fla. 1980)…n of the district court and deny the petition for writ of certiorari. It is so ordered. SUNDBERG, C. J., and ADKINS, BOYD, ENGLAND, ALDERMAN and MCDONALD, JJ., concur. . However, Christiani was followed in Zuckerman & Vernon Corp. v. Motchkavitz, 370 So. 2d 1170 (Fla. 4th DCA 1979), and South Puerto Rico Sugar Co. v. Tem-Coie, Inc., 370 So. 2d 1170 (Fla. 4th DCA 1979). Accord, Sol Walker & Co. v. Seaboard Coast Line Railroad Co., 362 So. 2d 45 (Fla. 2d DCA 1978). . See Christiani N. Popovich, 363 So. 2d 2,…1 / 2
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S. Puerto RICO Sugar Co. & Aetna Cas. & Sur. Co. v. Tem-Cole, Inc., 403 So. 2d 494 (Fla. 4th DCA 1981)…s mandated by Florida’s Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes (1979). We applied this rule to the case at bar in denying South Puerto Rico’s motion to dismiss. See South Puerto Rico Sugar Co. v. Tem-Cole, Inc., 370 So. 2d 1170 (Fla. 4th DCA 1979). Yet none of these cases speak to the question of what procedural requirements must be satisfied in order to appeal a judgment exonerating a co-defendant. Our analysis impels us to hold that appellant is subject to the general ru…
Authorities Cited
- SOL Walker & Co. v. Seaboard Coast Line R.R. Co., 362 So. 2d 45 (Fla. 2d DCA 1978)
- Nadio & Livio Christiani & Reserve Ins. Co. v. Popovich, 363 So. 2d 2 (Fla. 1st DCA 1978)