INDUSTRIAL WASTE SERVICE, INC., APPELLANT,
v.
MCDONALD'S OF HOMESTEAD, INC., APPELLEE
INDUSTRIAL WASTE SERVICE, INC., APPELLANT,
MCDONALD'S OF HOMESTEAD, INC., APPELLEE
438 So. 2d 151
Florida District Court of Appeal, Third District (1983)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We hold that appellant, Industrial Waste, failed to state a cause of action for indemnification in that it did not allege that it was without fault or that it had the requisite special relationship with McDonald’s which would render Industrial vicariously liable for McDonald’s negligence. Houd-aille Industries, Inc. v. Edwards, 374 So. 2d 490 (Fla.1979).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Arango v. Alvarez, 585 So. 2d 1131 (Fla. 3d DCA 1991)…tion for failure to appear at a calendar call, see Lahav Flooring and Fixtures, Inc. v. Flecher, 571 So. 2d 551 (Fla. 3d DCA 1990); J.B. Muros Corp. v. International Mall, Inc., 534 So. 2d 818 (Fla. 3d DCA 1988); Bullock v. Metropolitan Dade County, 438 So. 2d 151 (Fla. 3d DCA 1983), we find these cases to be inapplicable. The rationale in these decisions appears to be that the court should not punish a litigant by entering a default where it was the attorney representing the litigant who was [*1133] derelict…1 / 2
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Dave's Aluminum Siding, Inc. v. C & M Ventures, 582 So. 2d 147 (Fla. 3d DCA 1991)…lure of counsel to appear at the case management conference was a willful or [*148] flagrant disregard for the court’s authority. See United States Fidelity & Guar. Co. v. Herr, 539 So. 2d 542 (Fla. 3d DCA 1989); Bullock v. Metropolitan Dade County, 438 So. 2d 151 (Fla. 3d DCA 1983); Catogas v. Sapp, 397 So. 2d 1182 (Fla. 3d DCA 1981); Alter v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980). Therefore, the order dismissing the plaintiff’s complaint without prejudice is reversed. Reversed and rem…
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Atl. GUN Collectors Ass'n, Inc. v. Cecilio, 570 So. 2d 1152 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. Houdaille Industries, Inc. v. Edwards, 374 So. 2d 490, 493 (Fla.1979); Holl v. Talcott, 191 So. 2d 40, 47-48 (Fla.1966); Industrial Waste Service, Inc. v. McDonald’s of Homestead, 438 So. 2d 151 (Fla. 3d DCA 1983).…
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- Houdaille Indus., Inc. v. Edwards, 374 So. 2d 490 (Fla. 1979)