A plaintiff may sue any one or all joint tortfeasors without being required to join all potential parties in the action.
The plaintiff filed a negligence action against a railroad company, and the trial court dismissed the complaint without prejudice because the plaintiff failed to join another potential joint tortfeasor. The appellate court reviews the dismissal as a petition for a writ of common law certiorari. The court applies the rule that a plaintiff has the right to sue any one or all of the joint tortfeasors whose negligent acts or omissions united and produced the injuries. Because the trial court required the joinder of a possible joint tortfeasor, it departed from the essential requirements of the law. The appellate court grants the petition for certiorari, quashes the order of dismissal, and remands the cause for further proceedings.
Other citing cases
- Munn v. Horizons Dev., Inc., 616 So. 2d 85 (Fla. 4th DCA 1993).published
- Parker Tower Condo. Ass'n v. Cent. Bank & Trust Co., 507 So. 2d 616 (Fla. 4th DCA 1987).published
- Travelers Ins. Co. v. Wilson, 371 So. 2d 145 (Fla. 3d DCA 1979).published
v.
SEABOARD COAST LINE RAILROAD COMPANY, Appellee.
[*54] Robert Orseck and Edward I. Sternlieb of Podhurst, Orseck & Parks, Miami, and Wagner, Cunningham, Vaughan, Hapner & May, Tampa, for appellant.
William H. Davis of Giles, Hedrick & Robinson, Orlando, for appellee.
CROSS, Judge.
Initially we note that appellant-plaintiff, Josef J. Dulman, is attempting to prosecute an interlocutory appeal from an order dismissing without prejudice a complaint directed toward appellee-defendant, Seaboard Coast Line Railroad Company, in an action formerly cognizable at law. Rule 4.2 F.A.R. does not permit an interlocutory appeal from such order. However, we will treat the notice of appeal and the record herein as a petition for a writ of common law certiorari duly presented to this court. Goff v. General Motors Corporation, 292 So.2d 594 (Fla.App. 1974).
Upon review of the appellant's petition for a writ of common law certiorari and after consideration of the briefs and oral arguments of counsel for the respective parties, we determine that the appellant had the right to sue any one or all of the joint tortfeasors whose negligent acts or omissions united and produced his injuries. See Souto v. Segal, 302 So.2d 465 (Fla.App. 1974); Maybarduk v. Bustamante, 294 So.2d 374 (Fla.App. 1974); Winn Dixie Stores, Inc. v. Fellows, 153 So.2d 45 (Fla.App. 1963); Sands v. Wilson, 140 Fla. 18, 191 So. 21 (1939). Therefore, the trial court departed from the essential requirements of the law in dismissing without prejudice appellant's complaint for the reason that the appellant had failed to join a possible joint tort-feasor, Michael Anthony Tripi, as a party defendant.
Accordingly, the appellant's petition for a writ of common law certiorari is granted, the order dismissing without prejudice the appellant's complaint is quashed, and the cause is remanded to the trial court for further proceedings consistent with the views herein expressed.
Certiorari granted; cause remanded.
MAGER, J., and REDDICK, THOMAS J., Jr., Associate Judge, concur.