GAY N. SALYER, APPELLANT,
v.
GAINESVILLE, DODGE, INC., A FLORIDA CORPORATION, OSCEOLA TRUCKIN' COMPANY, A FLORIDA CORPORATION, AND LIBERTY MUTUAL INSURANCE CO., A FOREIGN CORPORATION, APPELLEES
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PER CURIAM.
All parties in this appeal have stipulated that this Court’s decision is to be governed by the holdings of the Vanbibber case, decided by the Florida Supreme Court subsequent to the filing of this appeal. Vanbibber v. Publix Supermarket, Inc. and Hartford Casualty Insurance Co., 439 So. 2d 880 (Fla.1983).
In Vanbibber, the Florida Supreme Court found section 627.7262, Florida Statutes, to be constitutional but applicable only prospectively. See also, Randel v. General Insurance Company, 439 So. 2d 986 (Fla. 3d DCA 1983). Because the incident in this cause occurred prior to the effective date of Section 627.7262 (October 1, 1982), prior state law controlled the suit. This prior state law authorized, simultaneously, a suit in tort against a tortfeasor and a claim against that tortfeasor’s insurance company. Shingleton v. Bussy, 223 So. 2d 713 (Fla.1969).
Because the incident in the present case occurred prior to the effective date of the statute, a simultaneous suit against both the corporate defendants and their insur-anee carriers must be permitted.
REVERSED and REMANDED.
SMITH, WENTWORTH and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lane v. Lodal, Inc., 474 So. 2d 413 (Fla. 5th DCA 1985)…case arose before the statute’s effective date of October 1, 1982. VanBibber v. Hartford Accident and Indemnity Insurance Co.; Beaupre v. Testa, 449 So. 2d 311 (Fla.2d DCA), rev. denied, 456 So. 2d 1182 (Fla.1984); Salyer v. Gainesville Dodge, Inc., 448 So. 2d 1190 (Fla. 1st DCA 1984). [*415] Section 46.051 is indistinguishable from the nonjoinder statutes found constitutionally defective in Markert v. Johnston and Cozine v. Tullo. It too merely dictates the procedure for joining parties. It does not create or…
Authorities Cited
- Shingleton v. Bussey, 223 So. 2d 713 (Fla. 1969)
- Gulf Stream Motors, Inc. v. Christina Cook & the Fla. Indus. Comm'n, 223 So. 2d 713 (Fla. 1969)
- Ara Williams VanBIBBER v. Hartford Accident & Indem. Ins. Co., 439 So. 2d 880 (Fla. 1983)
- Roach v. State, 439 So. 2d 986 (Fla. 3d DCA 1983)