Dew v. Dower

I concur with the majority’s holding under Issues I, II, III, and IV(A), IV(B), and IV(D).

I dissent from the majority’s opinion under Issue IV(C).

CO-TENANT DAMAGES

The majority states that it could find no authority for one co-tenant to sue for the entire amount of tort damages to both him and the other co-tenant. The majority did not look hard enough. Other jurisdictions have allowed co-tenants to recover for the entire amount of damages to the tenancy whether the nature of the actions are in tort or in contract.

In Hurwitz v. CGJ Corporation (Fla. 1964), 168 So.2d 84, the Florida Supreme…