HARVEY v. HUDDLE

Nos. 81-620, 81-621.

416 So.2d 1248 (1982)

Phillip K. HARVEY and Great American Insurance Company, Etc., Appellants, v. Harry Joe HUDDLE and State Farm Mutual Automobile Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

July 21, 1982.


Attorney(s) appearing for the Case

David F. Crow of Paxton, Crow, Taplin & Bragg, P.A., West Palm Beach, for appellants.

Jane Kreusler-Walsh and Larry Klein, West Palm Beach, for appellee, Huddle.

Frank W. Weathers of Weathers, Narkier & Brooks, P.A., West Palm Beach, for appellees.


BERANEK, Judge.

This appeal raises the question of whether an action to enforce contribution by a joint tortfeasor under Section 768.31, Florida Statutes (1979), is a compulsory counterclaim and whether Subsection 4 of the Statute is violative of Article V, Section 2(a) of the Florida Constitution. Since we find that a claim for contribution is not a compulsory counterclaim, we need not address the second issue. We reverse the trial court's contrary determination...

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