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PROULX v. COUNTY OF LEE

Nos. 83-2185, 84-967.

466 So.2d 253 (1985)

Marc PROULX, Germain Proulx and Marguerite Proulx, Appellants, v. COUNTY OF LEE and Hartford Accident and Indemnity Company, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 27 and April 4, 1985.

Attorney(s) appearing for the Case

Wagner, Cunningham, Vaughan & McLaughlin, Tampa, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, Miami, for appellants.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellees.

DANAHY, Judge.

We agree with the appellant that the trial judge erred in dismissing Hartford Accident and Indemnity Company, Lee County's insurer, from this suit by retroactive application of section 627.7262, Florida Statutes (1983). Van Bibber v. Hartford Accident & Indemnity Insurance Co., 439 So.2d 880 (Fla. 1983).

However, that conclusion does not require reversal for a new trial as to Lee County. We hold...

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