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U-Haul Co. of Northern Fla. v. White

District Court of Appeal of Florida, First District
Oct 2, 1986
503 So. 2d 332 (Fla. Dist. Ct. App. 1986)
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Summary

In U-haul Co. of Northern Florida, Inc., et al. v. White, et al., 503 So.2d 332 (Fla. 1986), this court granted a petition for certiorari, finding that the lower court abused its discretion by failing to grant a motion to consolidate.

Summary of this case from Holiday Inns, Inc. v. Spevak
See 2 Summaries

Opinion

Nos. BN-394, BN-408.

October 2, 1986.

Petition for review from the trial court.

Janet R. DeLaura, of Smalbein, Eubank, Johnson, Rosier Bussey, P.A., Rockledge; and John W. Bussey, III, of Smalbein, Eubank, Johnson, Rosier Bussey, P.A., Orlando, for petitioner U-Haul Co. of Northern Florida, Inc.

Rutledge R. Liles and Edward M. Booth, Jr., of Howell, Liles, Braddock Milton, Jacksonville, for petitioner Fleetwood Motor Homes of Pennsylvania, Inc.

Robert F. Spohrer and Gregory H. Maxwell, of Zisser, Robison, Spohrer, Wilner Harris, P.A., Jacksonville; and Carolyn Zisser, of Zisser, Robison, Spohrer, Wilner Harris, P.A., Neptune Beach, for respondents Nina M. White, Chris White, and Raymond Driggers.

SHIVERS, Judge.

The respondents, Nina M. White, Chris White, and Raymond Driggers are plaintiffs in the trial court who have each filed a wrongful death action against petitioners, U-Haul Company of Northern Florida, Inc. and Fleetwood Motor Homes of Pennsylvania, Inc., as codefendants. Although the three actions arose from the same incident, are identical in all respects except damages, and involve the same counsel for all parties, the trial court denied petitioner U-Haul's motion for consolidation and scheduled the cases for trial on three separate dates before three different trial judges. We find that the possibility of inconsistent verdicts and the interests of judicial economy outweigh any prejudice which might arise from a delay caused by consolidation of these cases. See Tommie v. LaChance, 412 So.2d 439 (Fla. 4th DCA 1982). Therefore, the petitions for writ of certiorari filed by petitioners U-Haul and Fleetwood are hereby granted and the trial court's order denying U-Haul's motion to consolidate for trial is quashed.

SMITH and ZEHMER, JJ., concur.

Summaries of

U-Haul Co. of Northern Fla. v. White

District Court of Appeal of Florida, First District
Oct 2, 1986
503 So. 2d 332 (Fla. Dist. Ct. App. 1986)

In U-haul Co. of Northern Florida, Inc., et al. v. White, et al., 503 So.2d 332 (Fla. 1986), this court granted a petition for certiorari, finding that the lower court abused its discretion by failing to grant a motion to consolidate.

Summary of this case from Holiday Inns, Inc. v. Spevak

In U-Haul Co. of Northern Florida, Inc. v. White, 503 So.2d 332 (Fla. 1st DCA 1986), the first district granted certiorari, and required consolidation of three separately filed wrongful death actions which arose out of the same accident, citing, in addition to the possibility of inconsistent verdicts, the interests of judicial economy.

Summary of this case from Maharaj v. Grossman
Case details for

U-Haul Co. of Northern Fla. v. White

Case Details

Full title:U-HAUL COMPANY OF NORTHERN FLORIDA, INC., PETITIONER, v. NINA M. WHITE, AS…

Court:District Court of Appeal of Florida, First District

Date published: Oct 2, 1986

Citations

503 So. 2d 332 (Fla. Dist. Ct. App. 1986)

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