Opinion
No. 78-831.
March 13, 1979.
Appeal from Circuit Court, Dade County; Thomas E. Lee, Judge.
Herskowitz Grossman, Miami, for appellants.
Blackwell, Walker, Gray, Powers, Flick Hoehl and James E. Tribble, Miami, for appellees.
Before PEARSON, BARKDULL and HUBBART, JJ.
ON REHEARING
The appellees' motion for rehearing is granted and our opinion of January 30, 1979 is withdrawn.
It is the judgment of this court that the trial court order dismissing Commercial Union Insurance Company as a party defendant be reversed and the cause remanded for further proceedings on the authority of Markert v. Johnston, 367 So.2d 1003 (Fla. 1978); Shingleton v. Bussey, 223 So.2d 713 (Fla. 1969). The trial court order dismissing the claims of the minor plaintiffs, however, is affirmed. Clark v. Suncoast Hospital, Inc., 338 So.2d 1117 (Fla.2d DCA 1976).