Johns-Manville Sales Corp. v. ZACK COMPANY
Cases that cite this one
3 later published cases cite this decision.
- A PATIENT CARE CTR v. Ted Hoyer & Co., Inc. (Fla. Dist. Ct. App. 1986)
- Fleisher v. Florida Patient's Compensation Fund (Fla. Dist. Ct. App. 1986)
- St. Cloud Utilities v. Moore (Fla. Dist. Ct. App. 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
JOHNS-MANVILLE SALES CORPORATION, Appellant,
v.
The ZACK COMPANY, Appellee.
District Court of Appeal of Florida, Third District.
High, Stack, Lazenby, Bender, Palahach & Lacasa and Alan R. Dakan, Miami, for appellant.
Friedman, Britton, Cohen, Kaufman, Zinkow, Benson & Schantz, Miami, for appellee.
*1151 Before PEARSON, BARKDULL and SCHWARTZ, JJ.
PER CURIAM.
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.[1]
Therefore, the order under review applying this principle is affirmed.
Affirmed.
NOTES
[1] 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.