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Johns-Manville Sales Corp. v. Zack Co.

District Court of Appeal of Florida, Third District
Sep 18, 1979
374 So. 2d 1150 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1868.

September 18, 1979.

Appeal from the Circuit Court, Dade County, Rhea P. Grossman, J.

High, Stack, Lazenby, Bender, Palahach Lacasa and Alan R. Dakan, Miami, for appellant.

Friedman, Britton, Cohen, Kaufman, Zinkow, Benson Schantz, Miami, for appellee.

Before PEARSON, BARKDULL and SCHWARTZ, JJ.


A tort-feasor seeking contribution pursuant to Section 768.31(4) Florida Statutes (1977) against an alleged joint tort-feasor or co-defendant, must either file in the original action brought by plaintiff by a motion for contribution prior to the expiration of thirty days after any final judgment is rendered in favor of the plaintiff, or commence a separate action within one year of the rendition of the final judgment if the moving party does not take an appeal.

The taking of an appeal by another defendant without supersedeas from the final judgment would not be sufficient to stay the time periods applicable to the non-appealing defendant.

Therefore, the order under review applying this principle is affirmed.

Affirmed.


Summaries of

Johns-Manville Sales Corp. v. Zack Co.

District Court of Appeal of Florida, Third District
Sep 18, 1979
374 So. 2d 1150 (Fla. Dist. Ct. App. 1979)
Case details for

Johns-Manville Sales Corp. v. Zack Co.

Case Details

Full title:JOHNS-MANVILLE SALES CORPORATION, APPELLANT, v. THE ZACK COMPANY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 18, 1979

Citations

374 So. 2d 1150 (Fla. Dist. Ct. App. 1979)

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