Keble Aubrey MUNN and Beverly Yvonne Munn, as Guardian of the Person and Estate of Keble Gordon Munn, an incompetent, and Keble Aubrey Munn and Beverly Yvonne Munn, individually, Appellants,
v.
HORIZONS DEVELOPMENT, INC., a Florida corporation, Tam O'Shanter Associates, Ltd., a Florida limited partnership, d/b/a B.C. Associates, JJW, Inc., a Georgia corporation, its sole general partner, a joint venture, J.M. Beeson Company, a Georgia corporation, Walter H. Keller, Jr., Inc., a Florida corporation, Walter H. Keller, Jr., Jack Hardy, Inc., a Florida corporation and Department of Transportation, State of Florida, Pavex Corporation, Burkhart Services Incorporated, Northstar Consulting, Inc., Adeimy, Inc. of West Palm Beach, Appellees.
District Court of Appeal of Florida, Fourth District.https://leagle.com/images/logo.png
March 17, 1993.
March 17, 1993.
Attorney(s) appearing for the Case
Arnold R. Ginsberg of Perse, P.A. Ginsberg, P.A., and Theodore J. Fournaris of Fournaris & Eversole, P.A., Miami, for appellants.
Bonita L. Kneeland of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, and Bohdan Neswiacheny, Fort Lauderdale, for appellee — J.M. Beeson, Co.
Love Phipps of Corlett Killian, P.A. Miami, for appellee — Horizons Development, Inc.
Edward D. Schuster of Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A., Fort Lauderdale, for appellee — Dept. of Transp.
William G. Burd and Austin Carr of Law Office of Kenney, Burd, Knutson & Markowitz, Miami, for Walter H. Keller, Jr., Inc., and Walter H. Keller, Jr.
Robert D. Moses of Wiederhold, Moses, Bulfin & Rubin, West Palm Beach, for appellee — Jack Hardy, Inc.
Robert Buchsbaum of Conroy, Simberg & Lewis, P.A., Hollywood, for appellee — Burkhart Services.
District Court of Appeal of Florida, Fourth District.
PER CURIAM.
REVERSED. We agree with appellants that the trial court erred in dismissing their tort action on the grounds that they had failed to join an indispensable party, an alleged additional tortfeasor. See Dulman v. Seaboard Coast Line R.R., Co.,308 So.2d 53 (Fla. 4th DCA 1975); Fincher Motor Sales, Inc. v. Lakin,156 So.2d 672 (Fla. 3d DCA 1963). Under these cases an injured...
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