HomeMy WebLinkAbout2480 P
l\ 1~111: (:tRCI! Cl~ (:UUIt'I' Ol~ 'I'i tl•: 19'l~l t
JUI)1CtAL CIRCI'1"l~, ln Ai~i) I~UR 51~, !_UCI1:
COl' N"1~Y, l~ LOR11)A
CIVIt. f)1VIS10N
~ 8~ fs o y ~ CASL NO. 71-7U5
WILLIAM SAMI'SUN,
Pla intiff,
vs.
ELNORA Gl~RMAN, et al,
Defendants.
ORDL•'R OF COI~1'1NUANCI~
Previo;.is or~lers entet-e.~i by this court r~c~~gnize~l the theory of law that
with the adoa~ion of cumparative negligence in the State of Floric.i.~, thei-e is
also contribution among join~ tort feasors. "I his Ruling enable.l L~efen~lants
1tL'GD an~i HANOV~.R I~S[.~RAI~CE COMPANY to file their third p~rty complaint
against SEVL\Tl1 DA1' ADVENTIS'I' CI-IURCi-i. ~
At the Pretrial Conference on April 2-~, 197=~, the court was informed of two
i-ecent opinions from the "l~hir~i District Court of tlppeal whei-ein sai~1 court rule:.l
~ that ~~spitc: the ~ ~iop~ion c~f compa r~~tive negligence by the Ploi-ida S~~preme Ca.irt,
~
; there is still n~~ co~~~ilx~tion among or between joint tort feasors. Therefore,
~ these recent ~I~cisions by the Thir~ L)istrict Court of Appeal appeai- to b~ controlling
F in chis cause. E~o~vever, die court is the opinion, an op:nion shared by the attor-
~
~ neys for the respective parties in this caase, that the question of whether there is
~ contribution amon~ joint tott feasors is one that will soon be decidea by the Florida
~
~ .
~ Sapreme Court. In that such a decision b}~ the Florida Supreme Court will directly
~
~ affect issue~ in this cause, an:i b~~sed up~n an oral stip:.ilation entered into by cuunsel
~
~ for the resp~ctive pai-ties in this cause, it was agi-eed that this cause shall bt
~ ~tricken from the trial dor.ket of ~Jlay 20, 1974 an:l continue.i. Therefore, it is
= orJere~ an~i adju~igea as follo~~vs:
- 1. 'rhis cause shall be stricKen from the trial doek~et for the week of ti~iaS~ 20,
~~a 197~. "l~his cause will be reset for trial up~n ihe ~~otion of any party upon the
if~, 'i
,`w
Y_
~
U
soo~226 P~E2~78
~ __T_ - _
t
~ ^
~
~
~ ~
_ _ ~ . < < . , . ' ~ - - ~ - ~ - - - _ ~ ms.