South Carolina Insurance v. Ryder Truck Rental, Inc.

OTT, Chief Judge.

The trial court entered a final judgment dismissing appellant’s complaint for contribution from appellee, the insurer of a joint tortfeasor. In doing so, the trial court relied upon this court’s decision in Hester v. Gatlin, 332 So.2d 660 (Fla. 2d DCA 1976). For the reasons hereafter stated, we reverse. Hester is, we believe, a sound and accurate decision, but it did not address or dispose of the question involved in this action.

At issue here and in Hester is the right of contribution between joint tortfeasors under the Florida “Uniform Contribution Among Tortfeasors Act” —…