Carlson v. Kent Ins. Co.

Full title: JAMES R. CARLSON, APPELLANT, v. KENT INSURANCE COMPANY, ET AL., APPELLEES

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 22, 1984

445 So. 2d 677 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1041.

February 22, 1984.

Appeal from Circuit Court, Broward County; Paul M. Marko, III, Judge.

G. William Bissett of Preddy, Kutner Hardy, P.A., Miami, for appellant.

Kathleen V. McCarthy, Hialeah, for appellees.

PER CURIAM.

The final order dismissing appellee Kent Insurance Company as a party defendant on the basis of section 627.7262, Florida Statutes (Supp. 1982) (the "non-joinder" statute), is reversed upon authority of VanBibber v. Hartford Accident Indemnity Insurance Co., 439 So.2d 880 (Fla. 1983), since the incident giving rise to this action occurred prior to October 1, 1982, the effective date of the statute.

REVERSED.

GLICKSTEIN and HURLEY, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.