DONNELL v. INDUSTRIAL FIRE AND CASUALTY CO.

No. 78-2380.

378 So.2d 1344 (1980)

James DONNELL, Appellant, v. INDUSTRIAL FIRE AND CASUALTY CO., an Illinois Corporation, a/T/D/B in the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 22, 1980.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Arnold R. Ginsberg and Leo B. West, Miami, for appellant.

Jeanne Heyward, Goodhart & Rosner, Miami, for appellee.

Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD (Ret.), Associate Judge.


SCHWARTZ, Judge.

James Donnell, who was the plaintiff below, appeals from a summary judgment entered in favor of the defendant-appellee, Industrial Fire and Casualty Co., on the ground that the action was barred under the doctrine of res judicata. We reverse.

In the case now before us, Donnell directly sued Industrial Fire, as the liability carrier for one Vonnie Horne, to recover a $30,000 default judgment the plaintiff had obtained against Horne for injuries...

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