HERBERT FEINMAN, APPELLANT,
v.
THE CITY OF JACKSONVILLE, APPELLEE

Fla. 1st DCA | 1979-07-27
No. MM-392
MILLS, C. J., and ROBERT P. SMITH, Jr., and SHIVERS, JJ., concur.
373 So. 2d 944 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The final summary judgment is reversed and the case is remanded to the trial court for further proceedings. Commercial Carrier Corporation v. Indian River County, consolidated with Cheney v. Dade County, 371 So. 2d 1010 (Fla.1979). We note that the trial court did not have the benefit of this clarifying opinion at the time of the judgment here appealed.

MILLS, C. J., and ROBERT P. SMITH, Jr., and SHIVERS, JJ., concur.


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  • Frank A. Stuart, M.D. v. The HERTZ Corp., 381 So. 2d 1161 (Fla. 4th DCA 1980)
    …no way prevents or discourages the respondents from instituting a separate lawsuit against the petitioners for contribution or subrogation. We have already expressed our support for such separate actions in City of Lauderdale Lakes v. Underwriters, 373 So. 2d 944 (Fla. 4th DCA 1979).1 However, in view of the Supreme Court’s acceptance of jurisdiction we make no definitive statement as to the validity of such actions. We thus reaffirm our mandate of December 28, 1977, and direct the trial court to dismiss th…
  • Munson & Assocs., Inc. v. Doctors Mercy Hosp., 458 So. 2d 789 (Fla. 5th DCA 1984)
    …ey greatly exacerbated his injuries. Appellants cross-claimed against the health care providers on grounds of equitable subrogation. This doctrine has been recognized and sanctioned in Florida. In City of Lauderdale Lakes v. Underwriters at Lloyds, 373 So. 2d 944 (Fla. 4th DCA 1979), the district court reversed a summary judgment for a doctor and certified this issue to the Florida Supreme Court. The Court affirmed stating: The initial tortfeasor is subject to the total financial burden of the victim’s inju…
  • The HERTZ Corp. v. Frank A. Stuart, M.D., 422 So. 2d 38 (Fla. 4th DCA 1982)
    …. This case and its progeny have a long and arduous history in the appellate courts of Florida. See: Stuart v. Hertz, 302 So. 2d 187 (Fla. 4th DCA 1974); Stuart v. Hertz, 351 So. 2d 703 (Fla.1977); City of Lauderdale Lakes v. Underwriter at Lloyds, 373 So. 2d 944 (Fla. 4th DCA 1979); Stuart v. Hertz, 381 So. 2d 1161 (Fla. 4th DCA 1980); and Underwriters at Lloyds v. City of Lauderdale Lakes, 382 So. 2d 702 (Fla.1980). [*39] In 1971, Mrs. McCutcheon was injured in an automobile accident with a Hertz owned car…
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