JOHNS-MANVILLE SALES CORPORATION, APPELLANT,
v.
THE ZACK COMPANY, APPELLEE
JOHNS-MANVILLE SALES CORPORATION, APPELLANT,
THE ZACK COMPANY, APPELLEE
374 So. 2d 1150
Florida District Court of Appeal, Third District (1979)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
A tortfeasor seeking contribution pursuant to Section 768.31(4) Florida Statutes (1977) against an alleged joint tortfeasor or co-defendant, must either file in the original action brought by plaintiff by a motion for contribution prior to the expiration of thirty days after any final judgment is rendered in favor of the plaintiff, or commence a separate action within one year of the rendition of the final judgment if the moving party does not take an appeal.1
Therefore, the order under review applying this principle is affirmed.
Affirmed.
. The taking of an appeal by another defendant without supersedeas from the final judgment would not be sufficient to stay the time periods applicable to the non-appealing defendant.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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ST. Cloud Utils. v. Erick S. Moore, 410 So. 2d 973 (Fla. 5th DCA 1982)…ing contribution from appel-lee. The order appealed from struck the motion for contribution on the ground that the court lacked jurisdiction to entertain it. We affirm. The trial court relied on Johns-Manville Sales Corporation v. The Zack Company, 374 So. 2d 1150 (Fla. 3d DCA 1979), which simply held that contribution under the statute must be sought either by a motion filed in the original action within thirty days of the rendition of the judgment for the plaintiff, or by a separate action commenced within…
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Joel B. Fleisher, M.D. v. Fla. Patient's Comp. Fund, 498 So. 2d 436 (Fla. 3d DCA 1986)…und was not joined at an earlier stage of the litigation is directly contrary to section 768.31(4)(a),(c), Florida Statutes (1983),1 which unequivocally authorizes just the post-judgment action asserted below. Johns-Manville Sales Corp. v. Zack Co., 374 So. 2d 1150 (Fla. 3d DCA 1979); Mount Sinai Hospital of Greater Miami, Inc. v. Mora, 342 So. 2d 1063, 1065 (Fla. 3d DCA 1977). The cases cited by the majority, e.g., New Hampshire Insurance Co. v. Petrik, 343 So. 2d 48 (Fla. 1st DCA 1977), hold only that a thir…
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A Patient Care Ctr., Inc. v. TED Hoyer & Co., Inc., 498 So. 2d 1381 (Fla. 4th DCA 1986)…la. 1st DCA 1982). Generally, a cause of action for contribution may be filed in the original action or may be commenced by a separate action within one year of the rendition of the final judgment in the case. Johns-Manville Sales Corp. v. Zack Co., 374 So. 2d 1150 (Fla. 3d DCA 1979). Accordingly, the judgment appealed from is affirmed as to the distributor, Everest & Jennings, Inc., and reversed as to the manufacturer, Ted Hoyer and Company, Inc., and the cause is remanded to the trial court for further proc…