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TN THE CIRCUIT COURT OF TAE NINETEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND _
FOR SAINT LUCIE COUNTY
JAMBS AF?RDEE, individually and as ) ~
natural father and next.friend of
JUSTIC$ HARDEE, a minor, and )
EV$LYN HARDSE, - -
Plaintiffs,
VS. - -
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HOUSTON TURNER and SHELBY MUTUAL 1'
INSURANCE COMPANY, etc., )
Defendants. )
ORDER -
THIS CAUSE coming on to be heard on August 10, 1979 upon
the motion of Counterdefendant, EVELYN HARDEE, for judgment on the -
pleadings on the Counterclaim, and the Court, having heard argument -
by counsel for the Counterclaimant and Counterdefendants and havi.nq
considered the theory of family immunity in relation to the Uniform
Contribution Among .joint Tort-Feasors Act, Florida Statute 768.31
(1975); and having considered the cases of 3-M Electric Co~cporation
v. Vigoa, 369 So. 2d 405 (Fla. 3d DCA 1979) and Pao13, y. Shor,
353 So. 2d 825 (Fla. 1978); and concluding-that ~a~pli i.s applicable
and Vigoa inapplicable; and considering the recent developments in
the tart field such as abrogation of contributory negl~,gence, -
adoption of cogtparative negligence, enactment of the Uniform Contri-
bution Among Tort-Feasors Act; and understanding the doctrine Of
family immunity to be based on the desirability of preserving the
family unit and being of the opinion that allowing contribution among
tort-feasors in the instant matter would not be injurious to the
Hardee .family unit but would only possibly result in a reduction of
a money judgment to the family; and being otherwise dully advised in
the premises, it is hereby
ORDERED AND ADJUDGED that Counterdefendant, Evelyn Aardee's
Motion for Judgment on the Pleadings is denied.
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