ZUCKERMAN VERNON v. MOTCHKAVITZ, 370 So.2d 1170 (Fla.App. 4 Dist. 1979)


ZUCKERMAN VERNON CORPORATION, A FLORIDA CORPORATION, APPELLANT, v. RONALD MOTCHKAVITZ AND JOAN MOTCHKAVITZ, HIS WIFE, L.C. BOGGS INDUSTRIES, INC., AND THEODORE FABER, AN INDIVIDUAL, APPELLEES.

No. 78-1973.District Court of Appeal of Florida, Fourth District.
January 31, 1979.

Appeal from the Circuit Court for Broward County, Louis Weissing, J.

Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, McMath, Tutan O’Hara, Miami, for appellant.

J. Patrick Floyd of Pyszka, Kessler Adams, Miami, for appellee L.C. Boggs Industries, Inc.

PER CURIAM.

Before us is a motion to dismiss an appeal commenced by one co-defendant who seeks review of a final judgment exonerating another co-defendant from liability. On the authority o Christian et al. v. Popovich et al., 363 So.2d 2 (Fla. 1st DCA 1978) and Sol Walker Co. v. Seaboard Coast Line R. Co., 362 So.2d 45
(Fla. 2d DCA 1978) the motion to dismiss is denied.

In so ruling we hold that the right of one co-defendant to appeal a judgment which exonerates another co-defendant is inherently implied in Florida’s Contribution Act, Section 768.31, Florida Statutes (1977).

LETTS, MOORE and BERANEK, JJ., concur.