Opinion
No. 78-1308.
January 31, 1979.
Appeal from the Circuit Court, Palm Beach County, Lewis Kapner, J.
Edna L. Caruso and Schuler Wilkerson, West Palm Beach, for appellants.
Marjorie D. Gadarian of Jones, Paine Foster, West Palm Beach, for appellees.
Before us is a motion to dismiss an appeal commenced by one co-defendant who seeks review of a final judgment exonerating another co-defendant from liability. On the authority of Christian et al. v. Popovich et al., 363 So.2d 2 (Fla. 1st DCA 1978) and Sol Walker Co. v. Seaboard Coast Line R. Co., 362 So.2d 45 (Fla. 2d DCA 1978) the motion to dismiss is denied.
In so ruling we hold that the right of one co-defendant to appeal a judgment which exonerates another co-defendant is inherently implied in Florida's Contribution Act, Florida Statutes (1977) § 768.31.
CROSS, LETTS and MOORE, JJ., concur.