GEICO General Insurance Company v. Nocella
224 So. 3d 870
| Fla. Dist. Ct. App. | 2017Background
- Lisa Nocella sued Laura Franklin for negligence after an automobile accident; Franklin was insured by GEICO.
- The trial court entered a final damages judgment in favor of Nocella for $222,119 on June 24, 2016, reserving attorney's fees and costs.
- Nocella moved on July 26, 2016 (32 days after judgment) to join GEICO as a party defendant under section 627.4136(4) to enforce the judgment.
- The trial court granted the motion by a one-sentence order joining GEICO to the final judgment.
- GEICO petitioned for writ of certiorari in the Second District Court of Appeal, arguing the joinder was untimely under Florida Rule of Civil Procedure 1.530(g) and controlling precedent.
- The Second District granted certiorari and quashed the trial court’s order, finding the joinder untimely and causing irreparable harm to GEICO.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an insurer may be joined to a judgment after the 15-day period in Fla. R. Civ. P. 1.530(g) has passed | Nocella sought joinder after judgment to enforce collection; impliedly argued joinder was permissible under § 627.4136(4) | GEICO argued joinder was untimely because rule 1.530(g) requires motion within 15 days after entry of judgment | Court held joinder was untimely; rule 1.530(g) and precedent require joinder at or before the time judgment is entered (motion here was late) |
| Whether the trial court’s erroneous joinder warranted certiorari relief (irreparable harm) | Nocella implicitly argued joinder proper so no extraordinary relief needed | GEICO argued being made party to a final judgment after the 15-day period irreparably harmed its right to contest coverage and defenses | Court held the late joinder caused irreparable harm and departed from essential requirements of law; certiorari granted and order quashed |
Key Cases Cited
- Nova Cas. Co. v. Wilson Developers, LLC, 212 So. 3d 477 (Fla. 2d DCA 2017) (both statute permitting insurer joinder and rule 1.530(g) apply; insurer cannot be added after judgment becomes final)
- ACE Am. Ins. Co. v. HCP III of Bradenton, Inc., 913 So. 2d 1280 (Fla. 2d DCA 2005) (insurer may be joined at or before the time judgment is entered)
- C.A. Seguros Catatumbo v. Herrera, 812 So. 2d 576 (Fla. 3d DCA 2002) (interpreting § 627.4136 and the timeliness requirement for joinder of insurers)