MARIA T. POPEJOY, ETC., APPELLANT,
v.
GERALD D. GREGER, ET AL., APPELLEES
Explore caselaw by topic → Browse Third-Party Liability cases and more on FLexlaw
PER CURIAM.
This is an appeal from the dismissal with prejudice of plaintiffs’ fifth amended complaint. The complaint was in two counts, but on appeal we are asked to reverse only as to Count II. We take the issue as presented in the briefs and thus do not consider Count I. Count II is based on the legal theory of “negligent entrustment.” We hold that the injured party herein was not a third party within the rationale of Boland v. Suncoast Rent-A-Scooter, 439 So. 2d 916 (Fla. 2d DCA 1983); Jowanowitch v. Florida Power & Light Company, 277 So. 2d 799 (Fla. 4th DCA 1973); and Cashell v. Hart, 143 So. 2d 559 (Fla. 2d DCA 1962). The trial court was thus correct in rejecting the theory of liability and, after five attempts, in dismissing with prejudice.
AFFIRMED.
DOWNEY, BERANEK and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bd. OF Med. Exam'rs & Dep't of Prof'l Reg. v. Hooshang Kadi VAR, M.D., 482 So. 2d 501 (Fla. 4th DCA 1986)…er except for matters pertaining to the no,lo plea to the criminal charge and voted to revoke the doctor’s license. That final agency order was appealed to this court and affirmed on November 30, 1983, in Kadivar v. Dept. of Professional Regulation, 441 So. 2d 1173 (Fla. 4th DCA 1983). In March, 1983, the Agency filed a motion in the circuit court proceeding to dismiss for lack of jurisdiction and failure to state a cause of action, and a motion to transfer for improper venue. In June, 1984, the trial court u…
Authorities Cited
- Cashell v. Hart, 143 So. 2d 559 (Fla. 2d DCA 1962)
- Jowanowitch v. Fla. Power & Light Co., 277 So. 2d 799 (Fla. 4th DCA 1973)
- Boland v. Suncoast Rent-A-Scooter, Inc., 439 So. 2d 916 (Fla. 2d DCA 1983)