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AETNA CAS. & SUR. CO. v. VOLKSWAGEN OF AMERICA, INC.

No. 81-1813.

419 So.2d 418 (1982)

AETNA CASUALTY AND SURETY COMPANY, As Subrogee of Michael Glynn Evans and General Waterworks Corporation, Individually; and Home Insurance Company, As Subrogee of Michael Glynn Evans and General Waterworks Corporation, Individually, Appellants, v. VOLKSWAGEN OF AMERICA, INC., Appellee.

District Court of Appeal of Florida, Third District.

September 21, 1982.

Attorney(s) appearing for the Case

Stephens, Lynn, Chernay and Klein, and Robert M. Klein, Miami, for appellants.

Walton, Lantaff, Schroeder & Carson and Joan S. Buckley and George Chesrow, Miami, for appellee.

Before BARKDULL, SCHWARTZ and JORGENSON, JJ.

PER CURIAM.

It was established beyond genuine issue that the appellants "[a]greed ... to discharge the common liability" for two pending cases more than one year prior to commencing this action for contribution against the appellee Volkswagen, an alleged joint tortfeasor. Hence, the trial court properly entered summary judgment that the cause was time-barred under Section 768.31(4)(d)2, Florida Statutes (1979).

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