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OSBORNE v. ELIZABETH MASSEY INV.

No. 83-1922.

467 So.2d 1095 (1985)

Bobby OSBORNE, Appellant/Cross Appellee, v. ELIZABETH MASSEY INVESTMENT CORPORATION, Tracor Marine, Inc., Yellow Tail Marine, Inc., William R. Riley, Phoenix Assurance Co., Ltd., et al., Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

May 1, 1985.

Attorney(s) appearing for the Case

Marilyn P. Liroff of Weaver, Weaver & Lardin, P.A., Fort Lauderdale, for appellant/cross appellee.

Steven E. Goldman of Standard, Weisberg, Heckerling & Rosow, P.C., Coral Gables, for appellee/cross appellant, Phoenix Assur. Co., Ltd.

Hayden and Milliken, P.A., Miami, for appellees/cross appellants, Elizabeth Massey Inv. Corp., Yellow Tail Marine, Inc., and William R. Riley.

BARKETT, Judge.

The trial court granted summary judgment in favor of appellee Phoenix Assurance Company, Ltd. ("Phoenix"), on the grounds that direct joinder of a marine insurer is not permitted under Florida law. We reverse.

The underlying cause of action in this case accrued July 7, 1979. Although section 627.7262, Florida Statutes (1983) ("Nonjoinder of insurers") at the present time would prohibit the direct joinder of an insurer, the statute, which was...

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