INSURANCE COMPANY OF NORTH AMERICA AND ANDREW SEIDELL, APPELLANTS,
v.
WILLIAM BRADDON, APPELLEE

Fla. 3d DCA | 1973-11-13
No. 73-975
Before BARKDULL, C. J., and PEARSON and CHARLES CARROLL, JJ.
285 So. 2d 634 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 3 cases
Topics
Joinder Of Parties Indispensable Party Negligence

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Opinion of the Court
PER CUIRAM.

By this appeal, the defendant in the trial court [Insurance Co. of North America] seeks review of an order denying its motion to dismiss a complaint sounding in negligence because of a failure to join an indispensable party.

The record shows that the appellant was the insurer of one Seidell; that Seidell had not been brought within the jurisdiction of the trial court and therefore the appellant, who was the insurance carrier for Seidell, moved to dismiss the cause. The trial court denied the motion; this appeal ensued. We reverse upon the authority of Kephart v. Pickens, Fla.App.1972, 271 So. 2d 163, which held that the insured was an indispensable party who must be joined in an action such as the one involved in the instant cause.

Reversed and remanded, with directions to dismiss the complaint against the appellant.

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Citator

Cited By

  • Peoples v. Fla. Ins. Guar. Ass'n, Inc., 313 So. 2d 40 (Fla. 2d DCA 1975)
    …r. . See Kephart v. Pickens, Fla.App.4th, 1972, 271 So. 2d 163, cert. denied, Fla.1973, 276 So. 2d 168. See also Catron v. F & M Schaefer Brewing Co., Fla.App.2d, 1974, 292 So. 2d 74; insurance Company of North America v. Braddon, Fla.App.3d, 1973, 285 So. 2d 634, cert. denied, Fla.1974, 300 So. 2d 266.…
  • Southworth & McGILL, P.A. v. S. Bell Tel. & Tel. Co. & Bellsouth Advertising & Publ'g Corp., 580 So. 2d 628 (Fla. 1st DCA 1991)
    …tiary fact supporting such claim sufficient to defeat the motion for summary judgment. . The A.F.M. decision would seem to put to rest any notion, suggested by dicta found in this court’s opinion in Allen v. Southern Bell Telephone & Telegraph Co., 285 So. 2d 634 (Fla. 1st DCA 1973), that a subscriber, unable to prove willful and malicious or grossly negligent conduct, might nevertheless overcome the effect of an exculpatory clause in a complaint based on simple negligence. . See Van Tuyn v. Zurich American…
  • Compania Helvetica de Navegacion S.A. v. Zorilla, 479 So. 2d 855 (Fla. 3d DCA 1985)
    …he insureds have been dismissed, it may necessarily follow that their insurance company, The Standard Steamship Owners Protection and Indemnity Association, should prevail on a proper motion to dismiss. Insurance Company of North America v. Braddon, 285 So. 2d 634 (Fla. 3d DCA 1973); Kephart v. Pickens, 271 So. 2d 163 (Fla. 4th DCA 1973).…

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