Greyhound Corp. v. Kelly

ALLEN, Acting Chief Judge.

This case is before this court on an interlocutory appeal in a common-law action. The appellant, as defendant below, moved for a summary judgment on the ground that the plaintiff had executed a release for valuable consideration to a joint tort-feasor. Defendant’s theory was that as the cause of action accrued prior to the passage of Section 54.28, Fla.Stat., F.S.A. the defense of release of joint tort-feasor, available before passage of the statute, was still available to defendant. The motion was denied and the defendant takes this interlocutory appeal.

The question…