DUDLEY v. CARROLL

No. 83-984.

467 So.2d 706 (1985)

John DUDLEY, Janice Dudley, Sunshine Skate Country, Inc. and Birmingham Fire Insurance Company of Pennsylvania, Appellants, v. Ruth CARROLL and John Carroll, Her Husband, and John Carroll, Individually, and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 11, 1985.


Attorney(s) appearing for the Case

Randy Fischer of Haas, Boehm, Brown, Rigdon & Seacrest, P.A., Orlando, for appellants.

Lora A. Dunlap of Fisher, Rushmer, Werrenrath, Keiner, Wack and Dickson, P.A., Orlando, for appellees.


SHARP, Judge.

The issue in this case is whether the trial court erred in granting Allstate Insurance Company's motion to dismiss and in denying appellants' motion for contribution pursuant to section 768.31, Florida Statutes (1979), filed against John Carroll, Allstate's insured. We affirm because, in this case, appellants are seeking to use a jury's determination of Carroll's liability as a joint tortfeasor affirmatively to bind Allstate (the real party in interest...

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