368 SO2D 1289 - Aubry v. Larson

How this case has been cited

Cited by 15 later decisions — most recently February 1993

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1Reversed. See Markert v. Johnston, 367 So.2d 1003 (Fla.1978).

ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.ADKINS, J., concurs specially with an opinion.ADKINS, Justice,

¶2concurring specially.

¶3I agree that the decision in this case is governed by Markert v. Johnston, 367 So.2d 1003 (Fla.1978). I did not participate in Markertand disagree with the result.

¶4If the right to join the insurance carrier as a party defendant had been established by rule of court, the legislature could repeal the rule by general law enacted by two-thirds vote of the members of each house of the legislature. Art. V, sec. 2(a), Fla.Const. We have circumvented this constitutional right of the legislature by adopting this rule of procedure through a decision of the Court instead of exercising our rule-making authority.

¶5When this occurs and the legislature enacts a statute contrary to case law, I believe the statute should prevail if enacted by a two-thirds vote of the legislature.

¶6However, I am bound by the decision of my colleagues and for that reason I concur in the result therein.