Johns-Manville Sales Corp. v. ZACK COMPANY
This text of 374 So. 2d 1150 (Johns-Manville Sales Corp. v. ZACK COMPANY) 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.
Opinion
JOHNS-MANVILLE SALES CORPORATION, Appellant,
v.
The ZACK COMPANY, Appellee.
District Court of Appeal of Florida, Third District.
High, Stack, Lazenby, Bender, Palahach & Lacasa and Alan R. Dakan, Miami, for appellant.
Friedman, Britton, Cohen, Kaufman, Zinkow, Benson & Schantz, Miami, for appellee.
*1151 Before PEARSON, BARKDULL and SCHWARTZ, JJ.
PER CURIAM.
A tort-feasor seeking contribution pursuant to Section 768.31(4) Florida Statutes (1977) against an alleged joint tort-feasor or co-defendant, must either file in the original action brought by plaintiff by a motion for contribution prior to the expiration of thirty days after any final judgment is rendered in favor of the plaintiff, or commence a separate action within one year of the rendition of the final judgment if the moving party does not take an appeal.[1]
Therefore, the order under review applying this principle is affirmed.
Affirmed.
NOTES
[1] The taking of an appeal by another defendant without supersedeas from the final judgment would not be sufficient to stay the time periods applicable to the non-appealing defendant.
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Cite This Page — Counsel Stack
374 So. 2d 1150, 1979 Fla. App. LEXIS 15765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-manville-sales-corp-v-zack-company-fladistctapp-1979.