LLOYD ALLEN GARDNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Mortg. Guar. Ins. Corp. v. Stewart, 427 So. 2d 776 (Fla. 3d DCA 1983)
  …l-conceived as the law has always permitted a person to bring an indemnity claim quite apart from the characterization of his conduct in the original complaint filed by the injured party. Broward Marine, Inc. v. New England Marine Corp. of Delaware, 386 So. 2d 70, 76 (Fla. 2d DCA 1980); American Home Assurance Co. v. City of Opa Locka, 368 So. 2d 416 (Fla. 3d DCA 1979); Barnett Bank of Miami v. Mutual of Omaha Insurance Co., 354 So. 2d 114 (Fla. 3d DCA 1978); Central Truck Lines, Inc. v. White Motor Corp., 3…

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• Walsh v. Arrow AIR, Inc., 629 So. 2d 144 (Fla. 3d DCA 1993)
  …ntiff. Fla. R.Civ.P. 1.110(b). Neither the trial court, nor this court, can substitute its judgment for that of a plaintiff and his counsel, who decide how to frame a complaint. See Broward Marine, Inc. v. New England Marine Corporation of Delaware, 386 So. 2d 70, 73 (Fla. 2d DCA 1980). Even if the issue was properly presented and preserved for our review, the law is clear that appellant has not stated a cause of action under Florida law. Florida law holds that when the term of employment is discretionary w…
• REA v. Barton Protective Servs., Inc., 660 So. 2d 772 (Fla. 4th DCA 1995)
  …666 (Fla. 4th DCA 1992); Home Indem. Co. v. Edwards, 360 So. 2d 1112 (Fla. 1st DCA 1978), decision quashed on other grounds, Houdaille Indus., Inc. v. Edwards, 374 So. 2d 490 (Fla.1979); Broward Marine, Inc. v. New England Marine Corp. of Delaware, 386 So. 2d 70 (Fla. 2d DCA 1980); Mortgage Guarantee Ins. Corp. v. Stewart, 427 So. 2d 776 (Fla. 3d DCA), review denied, 436 So. 2d 101 (Fla.1983). A defendant is permitted to file a cross-claim for indemnity prior to the resolution of the defendant’s liability…

Authorities Cited

• Singletary v. State, 290 So. 2d 116 (Fla. 4th DCA 1974)
• ST. Louis-San Francisco Ry. Co. v. Dep't OF Transp. of the State of Fla., 293 So. 2d 361 (Fla. 1974)
• Singletary v. State, 293 So. 2d 361 (Fla. 1974)