LUKE RADER, M.D., AND THE EMPLOYERS FIRE INSURANCE COMPANY, APPELLANTS,
v.
VARIETY CHILDREN'S HOSPITAL, AND THE CONTINENTAL INSURANCE COMPANY, APPELLEES
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The appellate court adopted the Supreme Court's opinion, reversing the lower court's judgment and remanding for further proceedings.
The Supreme Court of Florida vacated a prior appellate opinion and remanded the case for reconsideration in light of a specific statute and a prior Su…
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PER CURIAM.
The opinion and decision of this court in this cause, reported at 293 So. 2d 778, has been vacated by the Supreme Court of Florida. See Rader v. Variety Children’s Hospital, Fla.1975, 323 So. 2d 564. In its opinion, the Supreme Court ordered: “The cause is remanded for further consideration in light of Section 768.31, Florida Statutes, and Lincenberg v. Issen, Fla.1975, 318 So. 2d 386.”
In order to effectuate the further consideration ordered, this court withdrew its mandate, vacated its prior opinion and directed the parties to file supplemental briefs for the court’s consideration. Upon review of the arguments presented and upon consideration of Fla.Stat. § 768.31, and Lincenberg v. Issen, supra, we have reached the conclusion that further directions to the trial court are unnecessary.
Accordingly, the opinion of the Supreme Court in this cause is adopted as the opinion of this court; the judgment appealed is reversed and the cause is remanded to the trial court with directions to follow the procedures set forth in Fla.Stat. § 768.31, as interpreted by the opinion of the Supreme Court of Florida in Lincenberg v. Issen, supra.
Reversed and remanded.
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Nadio & Livio Christiani & Reserve Ins. Co. v. Popovich, 363 So. 2d 2 (Fla. 1st DCA 1978)…these appeals notwithstanding that contribution issues were not pleaded or otherwise raised when the case was pending before trial. Rader v. Variety Children’s Hospital, 323 So. 2d 564 (Fla.1975), conformed to, 328 So. 2d 506 (Fla. 3d DCA 1976), and 328 So. 2d 507 (Fla. 3d DCA 1976); Warn Industries v. Geist, 343 So. 2d 44 (Fla. 3d DCA 1977), cert. denied, 353 So. 2d 680 (Fla.1977). See also Lincenberg v. Issen, 318 So. 2d 386 (Fla.1975); Shealy v. Clark Constr. Co. of Ocala, Inc., 323 So. 2d 11 (Fla. 1st DCA…
Authorities Cited
- Lincenberg v. Issen, 318 So. 2d 386 (Fla. 1975)
- Luke Rader, M.D. v. Variety Child's. Hosp., 293 So. 2d 778 (Fla. 3d DCA 1974)
- Rader v. Variety Child's. Hosp. & the Cont'l Ins. Co., 323 So. 2d 564 (Fla. 1975)