171 So. 2d 398 | Fla. Dist. Ct. App. | 1965
By an amended complaint the plaintiff sought damages for personal injuries alleged to have resulted from negligence of the defendants. The plaintiff was a lessee of premises owned by the defendant Mrs. Joseph Farley, for whom the defendant Keyes Company was alleged to have acted as agent. The injury was caused by an explosion of gas. Faulty installation and service were charged to the defendants Blackwell Plumbing Co. and Southeastern Natural Gas Co. Without detailing the allegations of facts and of duties owed and breached, the amended complaint shows the liability of the defendants as declared upon therein was joint and several.
Prior to trial plaintiff voluntarily dismissed as to three of the four defendants. The defendant Southeastern Natural Gas Co. remained. Later, on its motion the cause was dismissed as to that defendant also. The ground upon which the trial court relied in making that ruling was-that because plaintiff had voluntarily dismissed some but not all parties defendant,, the entire case should be dismissed.
That ruling of the trial court was incorrect. The defendants were severally liable. Plaintiff’s voluntary dismissal of all2 except one of them did not compel dismissal of the remaining defendant. Ruis v. Halloway, Fla.App.1962, 139 So.2d 745. See Scott v. Permacrete, Inc., Fla.App. 1960, 124 So.2d 887.
What occurred here, by dismissal of three of the defendants, amounted to an election by the plaintiff to proceed severally and separately against the one remaining defendant. We have been shown no decision or rule of court which required the dismissal of the cause as to the fourth.
Accordingly the order appealed from which dismissed the cause as to the defendant Southeastern Natural Gas Co. is reversed, and the cause is remanded for further proceedings.
Reversed and remanded.