Munn v. Horizons Development, Inc.

1993 Fla. App. LEXIS 2993 · District Court of Appeal of Florida · Mar 17, 1993

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Keble Aubrey MUNN and Beverly Yvonne Munn, as Guardian of the Person and Estate of Keble Gordon Munn, an incompetent, and Keble Aubrey Munn and Beverly Yvonne Munn, individually v. HORIZONS DEVELOPMENT, INC., a Florida corporation, Tam O'Shanter Associates, Ltd., a Florida limited partnership, d/b/a B.C. Associates, JJW, Inc., a Georgia corporation, its sole general partner, a joint venture, J.M. Beeson Company, a Georgia corporation, Walter H. Keller, Jr., Inc., a Florida corporation, Walter H. Keller, Jr., Jack Hardy, Inc., a Florida corporation and Department of Transportation, State of Florida, Pavex Corporation, Burkhart Services Incorporated, Northstar Consulting, Inc., Adeimy, Inc. of West Palm Beach

PER CURIAM. REVERSED. We agree with appellants that the trial court erred in dismissing their tort action on the grounds that they had failed to join an indispensable party, an alleged additional tortfeasor. See Dulman v. Seaboard Coast Line R.R., Co., 308 So.2d 53 (Fla. 4th DCA 1975); Fincher Motor Sales, Inc. v. Lakin, 156 So.2d 672 (Fla. 3d DCA 1963). Under these cases an injured party has the discretion to determine and sue those potential tortfeasors who may be jointly or severally liable for that party’s injuries. ANSTEAD, POLEN and FARMER, JJ., concur.