District Court of Appeal of Florida

In a suit against an insurer for breach of an alleged oral agreement to repair plaintiff's vehicle, dismissal of the action with prejudice for noncompliance with the "nonjoinder statute," Florida Statutes section 627.4136, and for lack of subject matter jurisdiction, is affirmed where plaintiff failed to plead sufficient facts in her amended complaint to allege either compliance with the nonjoinder statute or that the statute was inapplicable.

Appellate Information

• Decided 01/17/2007
• Published 01/17/2007

Judges

• WALLACE, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Rafael J. Nobo, III, and John Wesley Frost, II, of Frost Tamayo Sessums & Aranda, P.A., Bartow, for Appellant.


• For Appellees:
  
• William B. Bracken, Jr. of Sidney M. Crawford, P.A., Lakeland, for Appellee.