AUGUSTA KEPHART AND EDWARD LESTER KEPHART, HER HUSBAND, PETITIONERS,

v.

JACK E. PICKENS AND NATIONWIDE LIFE INSURANCE COMPANY, A FOREIGN CORPORATION, RESPONDENTS

Citator

Cited By

• HERTZ Corp. v. Piccolo, 453 So. 2d 12 (Fla. 1984)
  …sprudence, are controlled by the law of the forum. In Florida procedure, the insured is an indispensable party in a suit grounded on the alleged negligence of the insured. Kephart v. Pickens, 271 So. 2d 163, 164-65 (Fla. 4th DCA 1972), cert. denied, 276 So. 2d 168 (Fla.1973). Therefore, the trial court dismissed the amended complaint. The First District Court of Appeal reversed, holding that the Louisiana direct action statute was substantive, controlled the case, and thus al [*14] lowed a suit to be maintain…
• Hobbs v. DON Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994)
  …e Co., 422 So. 2d 366, 366 (Fla. 4th DCA 1982); Kentucky Farm Bureau Mutual Insurance Co. v. Mills, 367 So. 2d 673, 674 (Fla. 2d DCA), cert. denied, 376 So. 2d 74 (Fla.1979); Kephart v. Pickens, 271 So. 2d 163, 164 (Fla. 4th DCA 1972), cert. denied, 276 So. 2d 168 (Fla.1973). In acquiring personal jurisdiction over non-resident defendants pursuant to a state long-arm statute, courts must require strict compliance with the statute’s service of process provisions. Tucker v. Dianne Electric, Inc., 389 So. 2d 683…
• Engel Mortg. Co., Inc. v. Dowd, 355 So. 2d 1210 (Fla. 1st DCA 1977)
  …failure to join an indispensable party could be raised for the first time after trial or on appeal. For example, Chapman v. L. & N. Grove, Inc., 265 So. 2d 725 (Fla. 2nd DCA 1972); Kephart v. Pickens, 271 So. 2d 163 (Fla. 4th DCA 1972), cert. denied 276 So. 2d 168 (1973). Fla.R.Civ.P. 1.140(h), concerning the waiver of defenses, read prior to its amendment in 1973: “(h) Waiver of Defenses. A party waives all defenses and objections which he does not present either by motion as herein provided or, if he has…

Authorities Cited

• Augusta Kephart v. Pickens, 271 So. 2d 163 (Fla. 4th DCA 1972)