C.P. WARD, INC., APPELLANT,
v.
ENTERPRISE BUILDING CORPORATION, EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY, KBH EQUIPMENT COMPANY, SSP CONSTRUCTION EQUIPMENT, INC., SSP INDUSTRIES, FRED GRAMLIN, CHARLES LARZELERE AND CHRISTEL LARZELERE, HIS WIFE, APPELLEES
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GRIMES, Acting Chief Judge.
Appellant, who was a defendant below, appeals the dismissal of his cross-claim for indemnity against appellee, a codefendant. Since the substance of the cross-claim arises out of the same circumstances underlying the plaintiffs action which is still pending, the appeal from the dismissal of the cross-claim is premature. Miami-Dade Water & Sewer v. Metropolitan Dade County, 469 So. 2d 813 (Fla. 3d DCA 1985), petition for review denied, 482 So. 2d 349 (Fla.1986); Duffy v. Realty Growth Investors, 466 So. 2d 257 (Fla. 5th DCA 1985). We distinguish City of St. Petersburg v. Circuit Court, 422 So. 2d 18 (Fla. 2d DCA 1982), because that case involved the ap-pealability of a dismissal of the plaintiffs primary complaint at a time when a cross-claim was still pending.
We dismiss the appeal without prejudice to raise the issues upon plenary appeal from the final judgment.
SCHOONOVER and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harrison v. J.P.A. Enters., L.L.C., 51 So. 3d 1217 (Fla. 1st DCA 2011)…emain in a case after an order is entered, the order cannot be said to dispose of the “entire case” as to any party for purposes of rule 9.110(k). See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla.1974); C.P. Ward, Inc. v. Enter. Bldg. Corp., 497 So. 2d 700 (Fla. 2d DCA 1986) (dismissing an appeal from an order that dismissed a cross-claim, where the plaintiffs interrelated claims remained pending against defendants); Miami-Dade Water & Sewer Auth. v. Metro. Dade County, 469 So. 2d 813, 814 (Fla. 3d DC…
Authorities Cited
- Miami-Dade Water & Sewer Auth. v. Metro. Dade Cnty. & City of Miami, 469 So. 2d 813 (Fla. 3d DCA 1985)
- City OF ST. Petersburg v. The Cir. Court OF the Sixth Jud. Cir. & the Honorable David Seth Walker, 422 So. 2d 18 (Fla. 2d DCA 1982)
- Duffy v. Realty Growth Invs., 466 So. 2d 257 (Fla. 5th DCA 1985)