Johns-Manville Sales Corp. v. ZACK COMPANY ( 1979 )

374 So. 2d 1150 (1979)

JOHNS-MANVILLE SALES CORPORATION, Appellant,
v.
The ZACK COMPANY, Appellee.

No. 78-1868.

District Court of Appeal of Florida, Third District.

September 18, 1979.

High, Stack, Lazenby, Bender, Palahach & Lacasa and Alan R. Dakan, Miami, for appellant.

Friedman, Britton, Cohen, Kaufman, Zinkow, Benson & Schantz, Miami, for appellee.

Before PEARSON, BARKDULL and SCHWARTZ, JJ.

PER CURIAM.

A tort-feasor seeking contribution pursuant to Section 768.31(4) Florida Statutes (1977) against an alleged joint tort-feasor or co-defendant, must either file in the original action brought by plaintiff by a motion for contribution prior to the expiration of thirty days after any final judgment is rendered in favor of the plaintiff, or commence a separate action within one year of the rendition of the final judgment if the moving party does not take an appeal.^[1]

Therefore, the order under review applying this principle is affirmed.

Affirmed.

NOTES

[1] The taking of an appeal by another defendant without supersedeas from the final judgment would not be sufficient to stay the time periods applicable to the non-appealing defendant.