LoCICERO v. AMERICAN LIBERTY INS. CO.

No. 85-449.

489 So.2d 81 (1986)

Felix LoCICERO, As Personal Representative of the Estate of Sharon J. LoCicero, Deceased, Felix LoCicero, Individually, and Ann LoCicero, Appellants, v. AMERICAN LIBERTY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 10, 1986.


Attorney(s) appearing for the Case

Scott Charlton of Peavyhouse, Giglio, Grant, Clark, Charlton, Opp & Martino, P.A., Tampa, for appellants.

Frances Makemie Toole of Bush, Ross, Gardner, Warren & Rudy, Tampa, for appellee.


CAMPBELL, Judge.

Appellants appeal the dismissal with prejudice of their action for declaratory relief. We reverse.

The trial court's final order of dismissal with prejudice was a final consequence of an earlier order which found that appellants' cause of action necessitated the joinder of a Georgia domiciled tortfeasor pursuant to the requirements of Georgia law and section 627.727(6), Florida Statutes (1981). That prior order provided that absent the joinder...

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