Rodriguez ex rel. Rodriguez v. Yount

District Court of Appeal of Florida

Rodriguez ex rel. Rodriguez v. Yount

623 So. 2d 618, 1993 Fla. App. LEXIS 9088, 1993 WL 337514

CourtDistrict Court of Appeal of Florida

DecidedSeptember 8, 1993

DocketNo. 93-1314

StatusPublished

Cited by5 cases

This text of 623 So. 2d 618 (Rodriguez ex rel. Rodriguez v. Yount) 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.

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Rodriguez ex rel. Rodriguez v. Yount, 623 So. 2d 618, 1993 Fla. App. LEXIS 9088, 1993 WL 337514 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The petition for writ of certiorari is granted and the order abating the cause of action is quashed. In short, there is not that commonality of parties and issues necessary in order to support the abatement of this medical malpractice action pending final appellate determination of a bad faith action against the insurance carrier of the negligent automobile driver who caused the initial injuries to appellant. See Novak v. Blum, 614 So.2d 36 (Fla. 2d DCA1993). Although the damage issues may overlap, they are not identical. Furthermore, even if the damages were identical, there is no bar to proceed against a concurrent or subsequent tort-feasor where the prior judgment remains uncollected. See Mitchell v. Edge, 598 So.2d 125 (Fla. 2d DCA1992).

GUNTHER, WARNER and POLEN, JJ., concur.

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PER CURIAM.

The petition for writ of certiorari is granted and the order abating the cause of action is quashed. In short, there is not that commonality of parties and issues necessary in order to support the abatement of this medical malpractice action pending final appellate determination of a bad faith action against the insurance carrier of the negligent automobile driver who caused the initial injuries to appellant. See Novak v. Blum, 614 So.2d 36 (Fla. 2d DCA1993). Although the damage issues may overlap, they are not identical. Furthermore, even if the damages were identical, there is no bar to proceed against a concurrent or subsequent tort-feasor where the prior judgment remains uncollected. See Mitchell v. Edge, 598 So.2d 125 (Fla. 2d DCA1992).

GUNTHER, WARNER and POLEN, JJ., concur.

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623 So. 2d 618, 1993 Fla. App. LEXIS 9088, 1993 WL 337514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-ex-rel-rodriguez-v-yount-fladistctapp-1993.

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