Legal Opinion

Rodriguez ex rel. Rodriguez v. Yount

District Court of Appeal of Florida

Decided September 8, 1993No. 93-1314PublishedCited by 5 opinions

1Per curiam

The petition for writ of certiorari is granted and the order abating the cause of action is quashed. In short, there is not that commonality of parties and issues necessary in order to support the abatement of this medical malpractice action pending final appellate determination of a bad faith action against the insurance carrier of the negligent automobile driver who caused the initial injuries to appellant. See Novak v. Blum, 614 So.2d 36 (Fla. 2d DCA1993). Although the damage issues may overlap, they are not identical. Furthermore, even if the damages were identical, there is no bar to…

2Cases cited1 opinion

  1. Novak v. BlumDistrict Court of Appeal of Florida · 1993

3Cited by5 opinions

  1. Britamco v. Cen. Jersey InvestmentsDistrict Court of Appeal of Florida · 1994
  2. First American Title Insurance Co. v. HatchDistrict Court of Appeal of Florida · 1996
  3. Holmes Regional Medical Center, Inc. v. Allstate Insurance CompanySupreme Court of Florida · 2017
  4. Holmes Regional Medical Center, Inc. v. Allstate Insurance CompanySupreme Court of Florida · 2017
  5. Holmes Regional Medical Center, Inc. v. Allstate Insurance Company – Corrected OpinionSupreme Court of Florida · 2017

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