Opinion
No. 69-506.
July 8, 1970.
Appeal from the Circuit Court, Pinellas County, Robert E. Beach, J.
Joseph H. Chambers of Earle, Jones Chambers, St. Petersburg, for appellants.
Harrison, Greene, Mann, Davenport, Rowe Stanton, St. Petersburg, for appellees.
Podhurst Orseck, P.A., Miami, for Academy of Florida Trial Lawyers as amicus curiae.
In this negligence action plaintiff-appellants brought suit to recover damages resulting from injuries to the minor plaintiff. In apparent reliance on Shingleton v. Bussey, they joined the defendant-insurance company alleging that it had theretofore issued a homeowners liability insurance policy to defendant-appellee Pfeiffer. The trial judge ruled that the rationale of Shingleton was limited to suits involving automobile liability insurance. He dismissed the action against the defendant-insurance company and entered final judgment in favor of the company and against plaintiff. This appeal ensued.
(Fla. 1969), 223 So.2d 713.
In Beta Eta House Corp. v. Gregory our sister court in the First District decided the precise question before us. That is to say, they applied the real party in interest and third party beneficiary theories to a case involving a homeowners liability policy, thus extending the holding in Shingleton. This case is conceptually indistinguishable from Beta Eta; and we fully concur with our sister court's decision in that case.
(Fla.App. 1st 1970), 230 So.2d 495.
Accordingly, the judgment appealed from is reversed, and the cause is remanded for further proceedings not inconsistent herewith.
Reversed.
HOBSON, C.J., and MANN, J., concur.