VARIETY CHILDREN'S HOSP. v. MT. SINAI HOSPITAL OF GREATER MIAMI, INC.

No. 83-1322.

448 So.2d 546 (1984)

VARIETY CHILDREN'S HOSPITAL, a Florida Corporation, f/u/b/o Continental Insurance Company, a Foreign Corporation, Lexington Insurance Company, a Foreign Corporation, and United States Fire Insurance Company, a Foreign Corporation, Appellants, v. MT. SINAI HOSPITAL OF GREATER MIAMI, INC., and Travelers Indemnity Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 2, 1984.


Attorney(s) appearing for the Case

Gerald E. Rosser, Miami, for appellants.

Adams, Hunter, Angones & Adams and Christopher Lynch, Miami, for appellees.

Before HENDRY, BASKIN and JORGENSON, JJ.


BASKIN, Judge.

The issue presented in this appeal is whether the voluntary dismissals of two prior actions, one seeking indemnity and contribution and the other seeking declaratory relief to establish insurance coverage, bar a third lawsuit arising out of the same factual background. We hold that the two-dismissal rule of Florida Rule of Civil Procedure 1.420 authorized the trial court to enter final summary judgment for appellees. We therefore affirm.

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