NEHI BOTTLING CO.

v.

GONZALEZ; GONZALEZ V. NEHI BOTTLING CO.

Citator

Cited By

• Mathis v. Adolphus L. Lambert, 274 So. 2d 601 (Fla. 3d DCA 1973)
  …ly submitted to the jury and that their verdict should not have been disturbed. The facts of the instant cause are very similar to the facts before this court in the case of Theriault v. Rogers, Fla.App.1964, 166 So. 2d 820, cert. denied, Fla.1965, 172 So. 2d 596. In that case, the defendant driver moved for a directed verdict where the evidence showed that the minor child, age 9, diagonally crossed a two lane highway and was struck by the defendant in the middle of the road while travelling at a [*603] spee…
• Belcher v. First Nat'l Bank OF Miami, 405 So. 2d 754 (Fla. 3d DCA 1981)
  …bution among tort-feasors. Jackson v. Florida Weathermakers, 55 So. 2d 575 (Fla.1951); O’Brien v. Francis, 231 So. 2d 13 (Fla.3d DCA 1970); see also Durbin Paper Stock Co. v. Watson-David Insurance Co., 167 So. 2d 34 (Fla.3d DCA 1964), cert. denied, 172 So. 2d 596 (Fla. 1965). Appellants argue that this rule no longer pertains, and relying upon Pensacola Interstate Fair, Inc. v. Popovich, 389 So. 2d 1179 (Fla.1980), claim a right to assert this error on appeal. In Popovich, supra, the Florida Supreme Court a…
• Millicent Russell v. Frank H. Furman, Inc., 629 So. 2d 297 (Fla. 4th DCA 1993)
  …ision in Russell I, thus their cause of action did not accrue until 1988 when this court created it. Appellants mistake confirmation for creation. Durbin Paper Stock Co. v. Watson-David Insurance Co., 167 So. 2d 34 (Fla. 3d DCA 1964), cert. denied, 172 So. 2d 596 (Fla.1965), is instructive in our disagreement with appellants’ contention. In Durbin, the court noted the following: “The agent was sued in tort for failing to obtain insurance. The companies were sued in contract on the basis of the existing contr…