ESTHER RODRIGUEZ, A MINOR, BY AND THROUGH HER FATHER AND NATURAL GUARDIAN, JOSE RODRIGUEZ, AND JOSE RODRIGUEZ, INDIVIDUALLY, PETITIONERS,
v.
HAROLD A. YOUNT, M.D., EDWARD SANDALL, M.D., AND FLORIDA PATIENT'S COMPENSATION FUND, RESPONDENTS
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PER CURIAM.
The petition for writ of certiorari is granted and the order abating the cause of action is quashed. In short, there is not that commonality of parties and issues necessary in order to support the abatement of this medical malpractice action pending final appellate determination of a bad faith action against the insurance carrier of the negligent automobile driver who caused the initial injuries to appellant. See Novak v. Blum, 614 So. 2d 36 (Fla. 2d DCA1993). Although the damage issues may overlap, they are not identical. Furthermore, even if the damages were identical, there is no bar to proceed against a concurrent or subsequent tortfeasor where the prior judgment remains uncollected. See Mitchell v. Edge, 598 So. 2d 125 (Fla. 2d DCA1992).
GUNTHER, WARNER and POLEN, JJ., concur.
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Britamco Underwriters, Inc. v. Cent. Jersey Invs., Inc., 632 So. 2d 138 (Fla. 4th DCA 1994)…n order of abatement is properly reviewable by writ of certiorari, because there is no adequate remedy for the delay caused by abatement after final judgment. See Rowell v. Smith, 342 So. 2d 149 (Fla. 1st DCA 1977). See generally Rodriguez v. Yount, 623 So. 2d 618 (Fla. 4th DCA 1993); International Surplus Lines Insurance Company v. Markham, 580 So. 2d 251 (Fla. 2d DCA 1991). The declaratory judgment action by the insurer sought a determination of its duty to defend and indemnify the insured in a wrongful de…
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First Am. Title Ins. Co. v. Ira C. Hatch and Martin J. Hasey, 683 So. 2d 654 (Fla. 4th DCA 1996)…ges the trial court’s order abating the action. The order of abatement was not proper in this case. See REWJB Gas Invs. v. Land O’ Sun Realty, Ltd., 643 So. 2d 1107 (Fla. 4th DCA 1994), rev. dismissed, 651 So. 2d 1197 (Fla.1995); Rodriguez v. Yount, 623 So. 2d 618 (Fla. 4th DCA 1993). The term “abatement” in the trial court order may have been a misnomer; the court may have intended to enter a stay, an order which would have been within the trial court’s broad discretion in this case. See REWJB, 643 So. 2d at…
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Holmes Reg'l Med. Ctr., Inc. v. Allstate Ins. Co., 225 So. 3d 780 (Fla. 2017)…. Second, if. the remedies are consistent,, only “full satisfaction” of the claim will constitute an election of remedies. Thus, a party may get more than one judgment, so long as there is only one recovery. In Rodriguez ex rel. Rodriguez v. Yount, 623 So. 2d 618, 619 (Fla. 4th DCA 1993), the court quashed the abatement of a medical malpractice action pending resolution of a bad faith action against the insurer of an initial, tortfeasor, holding that, “even if the damages were, identical, there is no bar to…
Authorities Cited
- Deardree Huertas as parent v. The Auto. Ins. Co. of Hartford, 598 So. 2d 125 (Fla. 3d DCA 1992)
- Mitchell v. Edge, 598 So. 2d 125 (Fla. 2d DCA 1992)
- Novak v. Blum, 614 So. 2d 36 (Fla. 2d DCA 1993)