Florida Statutes

Fla. Stat. § 627.7403 (2025)

Mandatory joinder of derivative claim.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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627.7403 Mandatory joinder of derivative claim.—In any action brought pursuant to the provisions of s. 627.737 claiming personal injuries, all claims arising out of the plaintiff’s injuries, including all derivative claims, shall be brought together, unless good cause is shown why such claims should be brought separately.

History.—s. 38, ch. 77-468; s. 2, ch. 81-318; s. 563, ch. 82-243; s. 19, ch. 2003-411; s. 17, ch. 2007-324.

Notes of Decisions

Cited in 5 cases, 1983–1996 · leading case: Bolz v. State Farm Mut. Auto. Ins. Co., 679 So. 2d 836 (Fla. 2d DCA 1996).

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Bolz v. State Farm Mut. Auto. Ins. Co., 679 So. 2d 836 (Fla. 2d DCA 1996). · cites it 3× “Copies of motions for summary judgment and a final summary judgment in another action in which the parties were involved were attached to the motion.”

Allstate Ins. v. Collier, 428 So. 2d 379 (Fla. 4th DCA 1983). · cites it 8× “Collier’s claim is barred by section 627.7403, Florida Statutes, which states: In any action brought pursuant to the provisions of s.”

Rosen ex rel. Rosen v. Zorzos, 449 So. 2d 359 (Fla. 2d DCA 1984). · cites it 2× “9 The jurisdictional issue raised by appel-lees — whether section 627.7403, Florida Statutes (1980) requires that appellants bring all derivative claims arising out of plaintiff’s injuries in one action — cannot be *364 answered with reference to the record before us because…”

Rosen by & Through Rosen v. Zorzos, 449 So. 2d 359 (Fla. 5th DCA 1984). · cites it 2× “[9] The jurisdictional issue raised by appellees whether section 627.7403, Florida Statutes (1980) requires that appellants bring all derivative claims arising out of plaintiff's injuries in one action cannot be *364 answered with reference to the record before us because…”

Taylor ex rel. Parker v. Gen. Motors Acceptance Corp., 622 So. 2d 1169 (Fla. 1st DCA 1993). · cites it 2× “note that the trial court erred in its initial failure to enter summary judgment for GMAC, as it requested, on the basis that the Taylors failed to properly join their derivative claim with that of their father, Laury Taylor, the injured party, in his original suit against GMAC,…”

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