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SCHARFSCHWERDT v. ALLSTATE INSURANCE COMPANY

No. 82-986.

430 So.2d 578 (1983)

Joann SCHARFSCHWERDT, Individually and As Parent and Natural Guardian of Otto Scharfschwerdt, a Minor, Appellant, v. ALLSTATE INSURANCE COMPANY, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

May 4, 1983.

Attorney(s) appearing for the Case

John H. Piccin and Seymour H. Rowland, Jr., Ocala, for appellant.

Wayne C. McCall of Ayres, Cluster, Curry, McCall & Briggs, P.A., Ocala, for appellee.

COWART, Judge.

In accordance with Lackore1 we agree that the rationale of Dewberry2 was not affected by the 1979 amendment to section 627.727(1), Fla. Stat. (1975) and, consistent with cases from other district courts of appeal,3 we now explicitly4 hold that:

Where two tortfeasors are jointly and severally liable for damages caused...

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