BENJAMIN ROSS AND GLADYS ROSS, HIS WIFE, APPELLANTS,
v.
ETHEL F. BOWLING, APPELLEE
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This appeal was improvidently taken from an interlocutory order in an action formerly cognizable at law. We have elected to treat the appeal as a petition for certiorari. See Lovi v. North Shore Bank, Fla.App.1962, 137 So.2d 585; Aetna Insurance Company v. Jordan, Fla. App.1966, 189 So.2d 408.
The order presented for review denied the plaintiffs’ motion to join an insurance company after the decision of the Supreme Court of Florida in Shingleton v. Bussey, Fla. 1969, 223 So.2d 713. We think that under the established law this order was a departure from the essential requirements of the' law. See Beta Eta House Corporation v. Gregory, Fla.App.1970, 230 So.2d 495; Shipman v. Kinderman, First *416District Court of Appeal, 232 So.2d 21; Sherman v. Holzapfel, Second District Court of Appeal, 231 So.2d 550.
The order denying plaintiffs’ motion to amend the complaint is reversed with directions to allow the amendment.
(dissenting).
I respectfully dissent from the majority opinion. The appeal papers presented to this court are void of any indication that State Farm Mutual Automobile Insurance Company is in any way related to the case in the trial court, i. e., there is no showing that one of their insureds is involved in the instant proceedings. Therefore, I fail to see how the trial judge could have departed from the essential requirements of the law in denying the motion to amend the complaint.
I would refuse to consider the interlocutory appeal as certiorari and dismiss the notice of appeal as being from a non-ap-pealable order.
BARKDULL, Judge
(dissenting).
I respectfully dissent from the majority opinion. The appeal papers presented to this court are void of any indication that State Farm Mutual Automobile Insurance Company is in any way related to the case in the trial court, i. e., there is no showing that one of their insureds is involved in the instant proceedings. Therefore, I fail to see how the trial judge could have departed from the essential requirements of the law in denying the motion to amend the complaint.
I would refuse to consider the interlocutory appeal as certiorari and dismiss the notice of appeal as being from a non-ap-pealable order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harlon Jenkins v. Jacobsen, 237 So. 2d 280 (Fla. 4th DCA 1970)…we are asked to review an interlocutory order denying the plaintiff’s motion for leave to amend the complaint by adding as a party defendant the liability insurance carrier of the present defendant. On the authority of Ross v. Bowling, Fla.App.1970, 233 So. 2d 415 we grant the petition for certiorari and quash the order under review, remanding with directions to allow the amendment. WALDEN, McCAIN and OWEN, JJ., concur.…
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)
- Beta ETA House Corp. v. Gregory, 230 So. 2d 495 (Fla. 1st DCA 1970)
- AETNA Ins. Co. v. Jordan, 189 So. 2d 408 (Fla. 1st DCA 1966)
- Art Lovi v. N. Shore Bank, 137 So. 2d 585 (Fla. 3d DCA 1962)
- William F. Shipman & the Emp'rs Fire Ins. Co. v. Kinderman, 232 So. 2d 21 (Fla. 1st DCA 1970)
- Sherman v. Holzapfel, 231 So. 2d 550 (Fla. 2d DCA 1970)