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May v. Miami Transfer Co.

District Court of Appeal of Florida, Third District
Nov 4, 1998
719 So. 2d 1034 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-1035.

November 4, 1998.

An Appeal from the Circuit Court for Dade County; David Tobin, Judge.

Flaster Koppel Bates and Lawrence Michael Flaster, Plantation, for appellant.

Parenti, Falk Waas, P.A., and Gail Leverett Parenti, Miami, for appellee.

Before JORGENSON, SHEVIN and SORONDO, JJ.


James May, plaintiff below, appeals from an order of final summary judgment. Upon the appellee's correct and commendable confession of error, we reverse. See JFK Medical Ctr. v. Price, 647 So.2d 833 (Fla. 1994) (holding that the voluntary dismissal, with prejudice, of an active tortfeasor is not the equivalent of an adjudication on the merits that would bar further litigation against the passive tortfeasor).

Reversed and remanded for further proceedings.


Summaries of

May v. Miami Transfer Co.

District Court of Appeal of Florida, Third District
Nov 4, 1998
719 So. 2d 1034 (Fla. Dist. Ct. App. 1998)
Case details for

May v. Miami Transfer Co.

Case Details

Full title:James MAY, Appellant, v. MIAMI TRANSFER COMPANY, INC., Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 4, 1998

Citations

719 So. 2d 1034 (Fla. Dist. Ct. App. 1998)