EMORY CATCHINGS, A MINOR UNDER THE AGE OF 21 YEARS, BY HIS NEXT FRIEND, TOM CATCHINGS, HIS FATHER, PLAINTIFF IN ERROR,
v.
FLORIDA---MCCRACKEN CONCRETE PIPE COMPANY, DEFENDANT IN ERROR
EMORY CATCHINGS, A MINOR UNDER THE AGE OF 21 YEARS, BY HIS NEXT FRIEND, TOM CATCHINGS, HIS FATHER, PLAINTIFF IN ERROR,
FLORIDA---MCCRACKEN CONCRETE PIPE COMPANY, DEFENDANT IN ERROR
107 Fla. 211
Florida Supreme Court (1932)
Positive Treatment
Also reported at: 144 So. 877
Cited by 6 cases
Opinion of the Court
An action was brought to recover damages for personal injuries. Upon a directed verdict, judgment was rendered for the defendant. Writ Of error was taken The evidence upon the issues made is such that the cause should have been submitted to the jury upon appropriate instructions by the court. Haile v. Mason Hotel & I. Co., 71 Fla. 469, 71 So. 540; Wood Lumber Co. v. Gibson, 63 Fla. 316, 58 So. 364; King v. Cooney-Eckstein Co., 66 Fla. 246, 63 So. 659. See also cases cited in 2 Compiled General Laws of Florida, 1927, page 1679.
Reversed.
Whitfield, P.J. and Terrell and Davis, J.J., concur.
Buford, O.J. and Ellis and Brown, J.J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Egan, 287 So. 2d 1 (Fla. 1973)…50 Fla. 60, 6 So. 2d 638 (1942); Knapp v. Fredricksen, 148 Fla. 311, 4 So. 2d 251 (1941); State ex rel. Williams v. Coleman, 131 Fla. 892, 180 So. 357 (1938); Lewis v. City of Miami, 127 Fla. 426, 173 So. 150 (1937); Corlett v. Oliver, 107 Fla. 403, 144 So. 877, reh. denied, 107 Fla. 403, 145 So. 886 (1932); Waller v. First Savings & Trust Co., 103 Fla. 1025, 138 So. 780 (1931); State v. Jacksonville Terminal Co., 90 Fla. 721, 106 So. 576 (1925); Nolan v. Moore, 81 Fla. 594, 88 So. 601 (1921). . 118 Fla.…
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Stern v. Dejong, 462 So. 2d 41 (Fla. 1st DCA 1984)…to conclude that the Georgia judgment imposed joint liability upon appellees. At common law, if one of the joint obli-gors died before the joint obligation was discharged, the surviving obligors alone could be sued. Corlett v. Oliver, 107 Fla. 403, 144 So. 877 (1932); Phillippi Creek Homes, Inc. v. Arnold, 174 So. 2d 552 (Fla. 2nd DCA 1965). We see no reason to make a distinction between a deceased joint obli-gor and a “dead” corporation.4 Stern’s common law right to collect from the surviving joint oblig…
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Phillippi Creek Homes, Inc. v. Arnold, 174 So. 2d 552 (Fla. 2d DCA 1965)…plaintiff could not join as a defendant in this case the representative of Jack N. Arnold’s estate. City of Orlando v. Gooding, 1894, 34 Fla. 244, 15 So. 770; Lee v. Puleston, 1931, 102 Fla. 1079, 137 So. 709; Corlett v. Oliver, 1932, 107 Fla. 403, 144 So. 877, 145 So. 886. Thus, it was error to grant the motion to dismiss. It reihains to be seen whether or not, notwithstanding this error, final judgment should have been rendered for the defendants. While the original motion to dismiss was pending and be…1 / 2
Authorities Cited
- King v. Cooney-Eckstein Co., 66 Fla. 246 (Fla. 1913)
- Haile v. Mason Hotel & Inv. Co., 71 Fla. 469 (Fla. 1916)
- Geo. E. Wood Lumber Co. v. Addie P. Gipson by Her Next Friend, 63 Fla. 316 (Fla. 1912)