Chinos Villas, Inc. v. Bermudez, 83-2096
| Decision Date | 17 April 1984 |
| Docket Number | No. 83-2096,83-2096 |
| Citation | 448 So.2d 1179 |
| Parties | CHINOS VILLAS, INC., Appellant, v. Antonio BERMUDEZ and Flor De Maria Bermudez, individually, Appellees. |
| Court | Florida District Court of Appeals |
Preddy, Kutner & Hardy, G. William Bissett, Miami, for appellant.
Brumer, Cohen, Logan & Kandell, Karen A. Curran, Miami, for appellees.
Before SCHWARTZ, C.J., and PEARSON, DANIEL S., J., and LESTER, M. IGNATIUS, Associate Judge.
This is an appeal by the defendant seeking review of an order of the trial court dismissing the counterclaim for contribution without leave to amend.
This action was commenced by the parents of Pablo Bermudez, both in their individual and representative capacity, against the defendant, Chinos Villas, Inc., alleging the defendants failed to provide lifesaving apparatus and other emergency assistance, which negligence caused or contributed to causing the drowning death of their four-year-old son. Defendant counterclaimed against the deceased's parents in their individual capacity, seeking contribution predicated by the parents' alleged negligent failure to properly supervise, control and protect their minor son, which negligence either caused or contributed to causing the drowning death of the child. The parents moved to dismiss the counterclaim on the grounds that section 768.31, Florida Statutes (1981) does not permit a counterclaim for contribution and defendant does not have the right to contribution pursuant to said statute. The trial court granted plaintiffs' motion to dismiss without leave to amend, but without prejudice to assert the same claim in a separate and subsequent suit.
The threshold question raised in this appeal, which must be addressed is whether the order dismissing defendant's counterclaim for contribution is a final appealable order. We have jurisdiction. Ryder Truck Lines, Inc. v. Pough, 392 So.2d 590 (Fla. 3d DCA 1981).
It is now well settled, after the supreme court's decision in Joseph v. Quest, 414 So.2d 1063 (Fla.1982), that an action for contribution is available to a third party tortfeasor against parents whose neglect in parental supervision and control contributes to causing injuries to their minor child.
The only question which now needs to be addressed by this court is whether the trial court can dictate the time and manner in which contribution can be pursued. The Uniform Contribution Among Tortfeasors Act, § 768.31, allows the...
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Landis v. Hearthmark, LLC
...that support their position: Hartigan v. Beery, 128 Ill.App.3d 195, 83 Ill.Dec. 445, 470 N.E.2d 571 (1984); Chinos Villas, Inc. v. Bermudez, 448 So.2d 1179 (Fla.App.3d Dist.1984); and Bishop v. Nielsen, 632 P.2d 864 (Utah 1981). 14. This question has been reformulated pursuant to Kincaid v.......
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Landis v. Hearthmark, LLC, 13-0159
...cite the following cases that support their position: Hartigan v. Beery, 470 N.E.2d 571 (Ill. App.Ct. 1984); Chinos Villas, Inc. v. Bermudez, 448 So.2d 1179 (Fla. App.3d Dist. 1984); and Bishop v. Nielsen, 632 P.2d 864 (Utah 1981). 14. This question has been reformulated pursuant to Kincaid......
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Reale by Reale v. Herco, Inc.
...of the injured child, even though, under controlling State law, a parent could not be sued by the injured child (see, Chinos Villas, Inc. v. Bermudez, 448 So.2d 1179 [Fla]; Moon v. Thompson, 127 Ill.App.3d 657, 82 Ill.Dec. 831, 469 N.E.2d 365). Further, many states have completely abrogated......
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Fogel, Ltd. A.T. v. Shoemake
...in cases of counterclaims for contribution: Perchell v. District of Columbia, 444 F.2d 997 (D.C.Cir.1971); Chinos Villas, Inc. v. Bermudez, 448 So.2d 1179 (Fla.Dist.Ct.App.1984); Moon by Moon v. Thompson, 127 Ill.App.3d 657, 82 Ill.Dec. 831, 469 N.E.2d 365 (1984); Walker v. Milton, 263 La. ......
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Seeking appellate review - how to perfect your appeal.
...and distinct from the main claim may be a partial final judgment under Fla. R. App. p. 9.110(k). Chinos Villas, Inc. v. Bermudez, 448 So. 2d 1179 (Fla. 3d D.C.A. (12) Phillips v. Ostrer, 442 So. 2d 1084 (Fla. 3d D.C.A. 1983). (13) Travelers Indem. Co. v. Hutchins, 489 So. 2d 208 (Fla. 2d D.......