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JOHN W. CAMPBELL FARMS v. ZEDA

Supreme Court of Florida, en Banc
Jul 24, 1952
59 So. 2d 750 (Fla. 1952)

Summary

applying harmless error statute to trial court's error in denying a motion to dismiss due to misjoinder of plaintiffs

Summary of this case from Dennis v. State

Opinion

July 1, 1952. Rehearing Denied July 24, 1952.

Appeal from the Circuit Court, Dade County, Vincent C. Giblin, J.

Hendricks Hendricks, Miami, for appellants.

Rafael A. Rivera-Cruz, Miami, for appellees.


This is an appeal from a judgment entered in a tort action instituted in the court below by appellees, as joint plaintiffs, wherein the principal question presented is stated by appellants, defendants below, as follows: "Under Common Law Rule No. 17 [30 F.S.A.] may two individual parties not having any privity of interest nor having any right granted by statute, sue together as plaintiffs in a tort action?"

Common Law Rule 17, 30 F.S.A., does not justify the joinder of two separate and independent causes of action, as was held by the trial judge in this case. It appears, however, that under the circumstances here present, the two suits could properly have been consolidated for the purpose of trial without, so far as the record shows, prejudicing the appellants' substantial rights, see Kight v. American Eagle Fire Ins. Co. of New York, 125 Fla. 608, 170 So. 664, and the trial judge's denial of the appellants' motion to dismiss on account of the misjoinder must be held to be harmless error under the provisions of Section 54.23, Florida Statutes Annotated.

The other questions presented by appellants have been considered, and no error has been found.

Accordingly, the judgment appealed from should be and it is hereby

Affirmed.

SEBRING, C.J., and CHAPMAN, TERRELL, THOMAS and HOBSON, JJ., concur.

MATHEWS, J., dissents.


Summaries of

JOHN W. CAMPBELL FARMS v. ZEDA

Supreme Court of Florida, en Banc
Jul 24, 1952
59 So. 2d 750 (Fla. 1952)

applying harmless error statute to trial court's error in denying a motion to dismiss due to misjoinder of plaintiffs

Summary of this case from Dennis v. State

applying harmless error statute to trial court's error in denying a motion to dismiss due to misjoinder of plaintiffs

Summary of this case from Dennis v. State

In Campbell Farms, Inc., v. Zeda, Fla. 1952, 59 So.2d 750, we held that under Common Law Rule 17 the joinder of two separate and independent tort actions by separate plaintiffs should not be approved but that the two claims, if brought in separate suits, could have been consolidated for trial without prejudice to the substantial rights of the defendant, and that therefore, the denial of a motion to dismiss on account of the alleged misjoinder of plaintiffs was harmless error.

Summary of this case from Williams v. Smelt
Case details for

JOHN W. CAMPBELL FARMS v. ZEDA

Case Details

Full title:JOHN W. CAMPBELL FARMS, INC., ET AL. v. ZEDA ET AL

Court:Supreme Court of Florida, en Banc

Date published: Jul 24, 1952

Citations

59 So. 2d 750 (Fla. 1952)

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