Florida District Courts of Appeal, 1979

South Puerto Rico Sugar Co. v. Tem-Cole, Inc.

South Puerto Rico Sugar Co. v. Tem-Cole, Inc.
Florida District Courts of Appeal · Decided January 31, 1979 · Cross, Letts, Moore
370 So. 2d 1170; 1979 Fla. App. LEXIS 14002 (Southern Reporter, Second Series)
South Puerto Rico Sugar Co. v. Tem-Cole, Inc.

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Opinion of the Court

PER CURIAM.

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.

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