Rodriguez ex rel. Rodriguez v. Yount
Cases that cite this one
4 later published cases cite this decision.
- Holmes Regional Medical Center, Inc. v. Allstate Insurance Company (Fla. 2017)
- Holmes Regional Medical Center, Inc. v. Allstate Insurance Company – Corrected Opinion (Fla. 2017)
- First American Title Insurance Co. v. Hatch (Fla. Dist. Ct. App. 1996)
- Britamco v. Cen. Jersey Investments (Fla. Dist. Ct. App. 1994)
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 of the Court
The petition for writ of certiorari is granted and the order abating the cause of action is quashed. In short, there is not that commonality of parties and issues necessary in order to support the abatement of this medical malpractice action pending final appellate determination of a bad faith action against the insurance carrier of the negligent automobile driver who caused the initial injuries to appellant. See Novak v. Blum, 614 So.2d 36 (Fla. 2d DCA1993). Although the damage issues may overlap, they are not identical. Furthermore, even if the damages were identical, there is no bar to proceed against a concurrent or subsequent tort-feasor where the prior judgment remains uncollected. See Mitchell v. Edge, 598 So.2d 125 (Fla. 2d DCA1992).
Case-law data current through September 30, 2026. Source: CourtListener bulk data.