Quinones v. Coral Rock, Inc.

• Decision Date: 29 February 1972
• Docket Number: No. 71--1429,71--1429
• Citation: 258 So. 2d 485
• Court: Florida District Court of Appeals
• Parties: Virgilio QUINONES, Petitioner, v. CORAL ROCK, INC., a Delaware corporation, individually and as owner of the vessels Lobster Farms III, Lobster Farms IV, Coral Rock I, and Coral Rock II; Lobster Farms, Inc., a Delaware corporation, individually and as owner of the vessels, Lobster Farms I and Lobster Farms II, Respondents.

Page 485

258 So.2d 485

Virgilio QUINONES, Petitioner, v.CORAL ROCK, INC., a Delaware corporation, individually and as owner of the vessels Lobster Farms III, Lobster Farms IV, Coral Rock I, and Coral Rock II; Lobster Farms, Inc., a Delaware corporation, individually and as owner of the vessels, Lobster Farms I and Lobster Farms II, Respondents.

No. 71--1429.

District Court of Appeal of Florida, Third District.

Feb. 29, 1972.

Rehearing Denied March 22, 1972.

Colson & Hicks, Podhurst, Orseck & Parks, Miami, for petitioner.

Smathers & Thompson and John H. Schulte, Miami, for respondents.

Before SWANN, C.J., and CHARLES CARROLL and HENDRY, JJ.

HENDRY, Judge.

Petitioner, Virgilio Quinones, seeks a writ of common law certiorari under rule 4.5, Florida Appellate Rules, 32 F.S.A., to review a circuit court order recorded November 30, 1971 from which a petition for rehearing was denied.The order appealed denied leave to petitioner, plaintiff below, to file a fourth amended complaint adding Fireman's Insurance Company as a defendant.

Petitioner filed suit for maritime personal injuries.The original defendants were the owners of the vessels involved, which were insured under a 'Protection and Indemnity' maritime insurance policy.

The court below impliedly held that the policy, by its terms, only became applicable after defendantCoral Rock, Inc. paid an adverse judgment, so that the insurance company was not a real party in interest.The petition alleges and we agree that the decision below conflicts with DaCosta v. General Guaranty Insurance Company, Fla.1969, 226 So.2d 104 and the insurance joinder cases of Shingleton v. Bussey, Fla.1969, 223 So.2d 713, Beta Eta House Corporation, Inc. of Tallahassee v. Gregory, Fla.1970, 237 So.2d 163, andStecher v. Pomeroy, Fla.1971, 253 So.2d 421, thereby departing from the...