Don Reid Ford, Inc. v. Feldman, No. 81-858
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | ORFINGER |
| Citation | 421 So.2d 184 |
| Decision Date | 06 October 1982 |
| Docket Number | No. 81-858 |
| Parties | DON REID FORD, INC., a Florida corporation, formerly known as Johnny Bolton Ford, Inc., for the use and benefit of Florida Insurance Guaranty Association, Inc., a Florida corporation, Appellant, v. Bennett G. FELDMAN and Gulf Insurance Company, Appellees. |
Page 184
v.
Bennett G. FELDMAN and Gulf Insurance Company, Appellees.
Fifth District.
Rehearing Denied Nov. 5, 1982.
Page 185
Robert W. Mixson and John W. Bussey, III, of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Orlando, for appellant.
John Ward Smith of Rumberger, Kirk, Caldwell & Cabaniss, P.A., Orlando, for appellees.
ORFINGER, Chief Judge.
The trial court entered a summary final judgment for appellees on the theory that the statute of limitations had run on appellant's subrogation claim, and this appeal follows. We affirm.
When Don Reid Ford, Inc., (under the former name of Johnny Bolton Ford, Inc.), was sued for damages because of the negligent operation of a motor vehicle by one of its employees, its liability insurer, Commonwealth Insurance Company (Commonwealth) retained appellee Feldman as counsel to defend the action for its insured. When Feldman failed to appear for trial, a final judgment by default was entered against Don Reid Ford, Inc., on March 20, 1978. Because Commonwealth was now bankrupt, Don Reid Ford, Inc., paid the judgment and made a claim against appellant Florida Insurance Guaranty Association, Inc. (FIGA). 1 FIGA paid Don Reid Ford, Inc., on February 5, 1980.
As subrogee of Don Reid Ford, Inc., FIGA filed this malpractice action on September 23, 1980, against Feldman and his malpractice insurer, seeking to recover the amount it had paid to Don Reid Ford, Inc. Feldman contended that the statute of limitations began to run on March 20, 1978, when the judgment was entered against Don Reid Ford, Inc., and that the present action was thus barred because it was filed more than two years from that date. 2 The trial court agreed and entered the summary final judgment.
We agree that the statute of limitations began to run on the malpractice action when the judgment was entered against the insured because of the alleged malpractice of the attorney. FIGA has only the cause of action which Don Reid Ford, Inc., had against the attorney or, alternatively, the cause of action which Commonwealth would have had against its attorney, and either cause of action arose when the judgment was entered against Don Reid Ford, Inc. See State Farm Mutual...
To continue reading
Request your trial
-
Scott & Jobalia Const. Co., Inc. v. Halifax Paving, Inc. for Use and Benefit of U.S. Fidelity and Guar. Co., No. 87-1052
...have expired on December 31, 1985. This suit was filed on January 15, 1986. Scott & Jobalia rely upon Don Reid Ford, Inc. v. Feldman, 421 So.2d 184 (Fla. 5th DCA 1982) and Allstate Ins. Co. v. Metropolitan Dade County, 436 So.2d 976 (Fla. 3d DCA 1983), rev. den., 447 So.2d 885 (Fla.1984). B......
-
Silvestrone v. Edell, No. 96-2236
...Haghayegh v. Clark, 520 So.2d 58 (Fla. 3d DCA 1988). 3 It commences when a default judgment is entered, Don Reid Ford, Inc. v. Feldman, 421 So.2d 184 (Fla. 5th DCA 1982), and in tax cases when final judgment is entered. Wilkerson v. Sternstein, 558 So.2d 516 (Fla. 1st DCA 1990). But the sta......
-
Richardson v. Denend, No. 12694-0-II
...70 L.Ed.2d 158 (1981); Bell v. Hummel and Pappas, 136 Cal.App.3d 1009, 1017, 186 Cal.Rptr. 688 (1982); Don Reid Ford, Inc. v. Feldman, 421 So.2d 184, 185 (Fla.Dist.Ct.App.1982). The holding in Watson is representative of the reasoning of these courts. In Watson, plaintiffs brought an action......
-
Neylan v. Moser, No. 85-1639
...694 (1982) (damage occurred when court denied appellant right to join wife's complaint as co-plaintiff); Don Reid Ford, Inc. v. Feldman, 421 So.2d 184, 185 (Fla.Dist.Ct.App.1982) (damage occurred when judgment was entered against the insured because of the alleged Other courts, however, hav......
-
Scott & Jobalia Const. Co., Inc. v. Halifax Paving, Inc. for Use and Benefit of U.S. Fidelity and Guar. Co., No. 87-1052
...have expired on December 31, 1985. This suit was filed on January 15, 1986. Scott & Jobalia rely upon Don Reid Ford, Inc. v. Feldman, 421 So.2d 184 (Fla. 5th DCA 1982) and Allstate Ins. Co. v. Metropolitan Dade County, 436 So.2d 976 (Fla. 3d DCA 1983), rev. den., 447 So.2d 885 (Fla.1984). B......
-
Silvestrone v. Edell, No. 96-2236
...Haghayegh v. Clark, 520 So.2d 58 (Fla. 3d DCA 1988). 3 It commences when a default judgment is entered, Don Reid Ford, Inc. v. Feldman, 421 So.2d 184 (Fla. 5th DCA 1982), and in tax cases when final judgment is entered. Wilkerson v. Sternstein, 558 So.2d 516 (Fla. 1st DCA 1990). But the sta......
-
Richardson v. Denend, No. 12694-0-II
...70 L.Ed.2d 158 (1981); Bell v. Hummel and Pappas, 136 Cal.App.3d 1009, 1017, 186 Cal.Rptr. 688 (1982); Don Reid Ford, Inc. v. Feldman, 421 So.2d 184, 185 (Fla.Dist.Ct.App.1982). The holding in Watson is representative of the reasoning of these courts. In Watson, plaintiffs brought an action......
-
Orlyk v. Sessions, 182-04 AnCv
...P.A., 545 So.2d 380, 381 (Fla.App. 1989); Zupan v. Berman, 491 N.E.2d 1349, 1352 (Ill. App. 1986); Don Reid Ford, Inc. v. Feldman, 421 So.2d 184, 185 (Fla.App. 1982); Matthies v. Knodel, 573 P.2d 1332, 1334 (Wash. App. 1977); Associated Realty Co. v. Kimmelman, 311 A.2d 464, 466-67 (Md.App.......