Legal Opinion · Concurring in part, dissenting in part
Allstate Insurance Co. v. Theodotou
District Court of Appeal of Florida
Decided July 24, 2015No. Nos. 5D14-1291, 5D14-1352, 5D14-1436Published
1Concurring in part, dissenting in partBerger, J.
I agree, in principle, with the majority and join in certifying the question as one of great public importance. However, because I believe the law as it currently stands precludes an initial tortfeasor from filing an independent equitable subrogation claim against a subsequent tortfeasor until the entire debt is paid, I would affirm. See Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 647 (Fla. 1999) (citing E. Nat’l Bank v. Glendale Fed. Sav. & Loan Ass’n, 508 So.2d 1323, 1324 (Fla. 3d DCA 1987)) (determining an initial tortfeasor may only maintain an equitable subrogation claim…
2Cases cited7 opinions
- Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
- Underwriters at Lloyds v. City of Lauderdale LakesSupreme Court of Florida · 1980
- West American Ins. Co. v. Yellow Cab Co.District Court of Appeal of Florida · 1986
- Eastern Nat. Bk. v. Glendale Fed. Sav.District Court of Appeal of Florida · 1987
- Ulery v. Asphalt Paving, Inc.District Court of Appeal of Florida · 1960
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