NATIONAL EMBLEM INSURANCE COMPANY v. GILLINGHAM

No. 70-41.

241 So.2d 707 (1970)

NATIONAL EMBLEM INSURANCE COMPANY, Appellant, v. Harvey William GILLINGHAM, Fort Pierce Growers Association, Reliance Insurance Company, Carl William Douglas and Ruby Alline Douglas, Appellees.

District Court of Appeal of Florida, Fourth District.

December 11, 1970.


Attorney(s) appearing for the Case

George H. Moss, II, and John R. Beranek, of Jones, Paine & Foster, West Palm Beach, for appellant.

Michael Jeffries, of Fee, Parker & Neill, Fort Pierce, for appellees-Gillingham, Fort Pierce Growers and Reliance Insurance.


OWEN, Judge.

An automobile liability insurance carrier, joined as a party defendant in this negligence action against its insured, appeals an adverse final judgment entered on a jury verdict.

The issues were complex, due primarily to the improper joinder of parties' plaintiff. While the jury did an admirable job of resolving factual disputes, we believe that the ends of justice will best be served by vacating the judgment and verdict and remanding this cause...

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