Bryant v. Tarman

District Court of Appeal of Florida

Bryant v. Tarman

21 So. 3d 137, 2009 Fla. App. LEXIS 16559, 2009 WL 3671736

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 2009

Docket5D08-3385

StatusPublished

Cited by1 cases

This text of 21 So. 3d 137 (Bryant v. Tarman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryant v. Tarman, 21 So. 3d 137, 2009 Fla. App. LEXIS 16559, 2009 WL 3671736 (Fla. Ct. App. 2009).

Pincite

Opinion

MOXLEY, J.D., Associate Judge.

The issue in this case is whether the trial court erred in granting summary judgment because Appellant split her cause of action by first obtaining a judgment for property damage to her motor vehicle and then filing a lawsuit for personal injuries resulting from the same motor vehicle accident. As Judge Ferguson pointed out in a concurring opinion in Ran v. Browarnik, 494 So.2d 295, 296 (Fla. 3d DCA 1986), difficulties may arise in the preparation and trial of a lawsuit involving property damage and personal injury arising from a single motor vehicle accident. However, all damages claimed as a result of a single wrongful act must be sought in one lawsuit, even when it involves a motor vehicle accident. Id. The law does not permit the owner of a single cause of action to divide or split that cause of action so as to make it the subject of several lawsuits. Mims v. Reid, 98 So.2d 498, 500 (Fla.1957).

Accordingly, the trial court did not err in rendering summary judgment.

AFFIRMED.

TORPY and EVANDER, JJ„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI

MOXLEY, J.D., Associate Judge.

The issue in this case is whether the trial court erred in granting summary judgment because Appellant split her cause of action by first obtaining a judgment for property damage to her motor vehicle and then filing a lawsuit for personal injuries resulting from the same motor vehicle accident. As Judge Ferguson pointed out in a concurring opinion in Ran v. Browarnik, 494 So.2d 295, 296 (Fla. 3d DCA 1986), difficulties may arise in the preparation and trial of a lawsuit involving property damage and personal injury arising from a single motor vehicle accident. However, all damages claimed as a result of a single wrongful act must be sought in one lawsuit, even when it involves a motor vehicle accident. Id. The law does not permit the owner of a single cause of action to divide or split that cause of action so as to make it the subject of several lawsuits. Mims v. Reid, 98 So.2d 498, 500 (Fla.1957).

Accordingly, the trial court did not err in rendering summary judgment.

AFFIRMED.

TORPY and EVANDER, JJ„ concur.

Cite This Page — Counsel Stack

Bluebook (online)

21 So. 3d 137, 2009 Fla. App. LEXIS 16559, 2009 WL 3671736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-tarman-fladistctapp-2009.

Opinion

Related

Cite This Page — Counsel Stack