BRICKELL BISCAYNE CORPORATION, APPELLANT,
v.
MORSE/DIESEL, INCORPORATED, ARQUITECTONICA INTERNATIONAL CORPORATION, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the dismissal of some claims asserted by a condominium developer against an architect and construction manager, but reversed the dismissal of others, including common law indemnity and assigned claims.
The court held that claims for common law indemnity and assigned claims were improperly dismissed, while affirming the dismissal of other claims not detailed in the provided excerpt.
[1] A claim for common law indemnity is properly maintainable when it is alleged that the entire fault for a defective building lies with the defendants and not the plaintiff…
[2] A party who settles a claim and obtains an assignment of the claimant's rights may assert those assigned claims against co-defendants in the original action.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA condominium developer, Briekell Biscayne, appealed the dismissal of claims against the architect (Arquitectónica) and construction manager (Morse/Di…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Statute Of Limitations Defense cases and more on FLexlaw
SCHWARTZ, Chief Judge.
Briekell Biscayne, a condominium developer, appeals from the adverse disposition — by granting motions to dismiss or for summary judgment — of all of the several claims it asserted against Arquitectónica Int’l Corp., the architect of the project, and Morse/Diesel, Inc., which was hired to supervise the construction. We affirm in part and reverse in part.
The underlying facts of the case are stated in Briekell Biscayne Corp. v. WPL Assocs., 671 So. 2d 247, 248 (Fla. 3d DCA1996):
In 1986, the Palace Condominium Association filed suit against Briekell Biscayne Corporation, the developer of the project; Morse/Diesel, Inc., the construction manager; and Arquitectónica International Corporation, the architectural firm that had designed the project. The complaint alleged claims for breach of statutory warranties, breach of common law warranties, violation of building code, and negligence. In early 1989, Briekell Biscayne entered into a settlement with the condominium association for $3,000,000.00. Pursuant to that settlement, Briekell obtained an assignment of the condominium association’s rights. The assignment provided as follows:
[The Condominium Association] hereby assigned to Briekell Biscayne Corporation any and all claims or causes of action which the association has, as of the date hereof, and which were asserted in the certain litigation styled The Palace Condominium Association, Inc. v. Brickell Biscayne, et al, Case No. 86-34400.
In WPL Assocs., we affirmed the dismissal of Brickell Biscayne’s claims, based on (a) common law indemnity (b) the rights assigned by the association and (e) equitable subrogation, against subconsultants of Arquitectónica who were not parties to the original action and who had no direct contractual relationship with Brickell Biseayne. Because both Arqui-tectónica and Morse/Diesel had contracted with the developer and were co-parties defendant in the condominium association’s case, we reach an opposite result here.
Considering first the theories of liability treated in WPL Assocs., we find:
(a) Because of the presence of each of the legal prerequisites—including the significant ones (i) that it was claimed that the entire fault for the defective building lay with these appellees and none with the developer and (ii) that contractual relationships existed with the plaintiff—the claim for common law indemnity of the previous settlement was properly maintainable. WPL Assocs., 671 So. 2d at 248-49, and cases cited.
(b) Similarly, because the appellees were among those against whom the condominium association had initially brought actions, they were the subject of the assignment given Brickell Biseayne in return for the three million dollar settlement. See WPL Assocs., 671 So. 2d at 249, and cases cited. Thus, the appellant’s assertion of those “assigned claims” should likewise not have been dismissed.
(c) By the same token and for the same reason, the claim for equitable subrogation of the amount paid in the settlement was properly maintainable. WPL Assocs., 671 So. 2d at 249, and cases cited. The very elements which precluded recovery against the appellees in WPL are present here. See Kola Invs., Inc. v. Sklar, 538 So. 2d 909, 919 n. 8 (Fla. 3d DCA 1989) (owner of apartment building who had settled with plaintiffs could seek recovery against its codefendants in that action under theory of equitable subrogation; owner sought reimbursement from codefendants of funds it paid to plaintiffs “because it was the co-defendants, not [owner], who were actually responsible for the plaintiffs’ injuries”), review denied, 551 So. 2d 461 (Fla.1989).
Treating next the issues which were not involved in the earlier case:
(a) We first find no basis for dismissal of the counts in which the plaintiff sued for the appellees’ respective breaches of the implied terms of their own contracts with Bric-kell Biseayne to perform the services required in a professional and workmanlike manner. See City of Orlando v. H.L. Coble Constr. Co., 282 So. 2d 25 (Fla. 4th DCA 1973), cert, denied, 288 So. 2d 505 (Fla.1973); Shore Drive Apartments, Inc. v. Frank J. Rooney, Inc., 253 So. 2d 478 (Fla. 4th DCA 1971); see also Florida Construction Law & Practice § 3.12 (Fla.Bar, Dec. 1993). While the appellees asserted a statute of limitations defense to this aspect of the ease, the defense did not appear on the face of the complaints so as to justify dismissal. Attias v. Faroy Realty Co., 609 So. 2d 105 (Fla. 3d DCA 1992). Therefore, these claims as well must be tried after remand.
(b) We do agree, however, that there is no merit to the claims for breach of contractual indemnity against Morse/Diesel or for the direct, %ow-assigned claims against both appellees for negligence and under section 553.84, Florida Statutes (1986). The disposition of those counts is affirmed.
Affirmed in part, reversed in part and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alexander v. Suncoast Builders, Inc., 837 So. 2d 1056 (Fla. 3d DCA 2002)…vely appear on the face of the complaint and establish conclusively that the statute of limitations bars the action as a matter of law.” Rigby v. Liles, 505 So. 2d 598, 601 (Fla. 1st DCA 1987); see also Brickell Biscayne Corp. v. Morse/Diesel, Inc., 683 So. 2d 168, 170 (Fla. 3d DCA 1996), review denied sub nom, Arquitectonica Int’l Corp. v. Brickell Biscayne Corp., 695 So. 2d 698 (Fla.1997); Khalaf v. City of Holly Hill, 652 So. 2d 1246, 1247 (Fla. 5th DCA 1995); General Motors Acceptance Corp. v. Thomberry,…
-
Dade Cnty. Sch. Bd. v. Radio Station Wqba, 699 So. 2d 701 (Fla. 3d DCA 1997)…ption of -the issue requiring remand, we affirm the judgment below finding that the sponsors are entitled to equitable subrogation based on their payment of sums which should have been paid by DCSB. See Brickell Biscayne Corp. v. Morse/Diesel, Inc., 683 So. 2d 168 (Fla. 3d DCA 1996). Affirmed; remanded with instructions. SHEVIN, J., concurs. . We disagree with the dissent’s argument that equitable subrogation cannot be invoked because it was never pleaded in the trial court. The record clearly supports a c…
-
Ramon Pacheco & Assoc., Inc. v. Betancourt Castellon Assoc., Inc., 820 So. 2d 948 (Fla. 3d DCA 2002)…ore, the claim does not arise out of, and is not related to, the contract. M & M’s argument must fail, however, since an indemnity claim requires a legal relationship with the third-party defendant. See Brickell Biscayne Corp. v. Morse/Diesel, Inc., 683 So. 2d 168 (Fla. 3d DCA 1996); Brickell Biscayne Corp. v. WPL Assoc., Inc., 671 So. 2d 247 (Fla. 3d DCA 1996)(Florida courts have consistently premised the allowance of indemnity upon a special relationship between the primary defendant and the third-party def…
Authorities Cited
- Wellinghoff v. Ray Lopez, M.D., 538 So. 2d 909 (Fla. 3d DCA 1989)
- Kala Invs., Inc. v. Sklar, 538 So. 2d 909 (Fla. 3d DCA 1989)
- The City OF Orlando v. H. L. Coble Constr. Co., 282 So. 2d 25 (Fla. 4th DCA 1973)
- Attias v. Faroy Realty Co., 609 So. 2d 105 (Fla. 3d DCA 1992)
- Brickell Biscayne Corp. v. WPL Assocs., Inc., 671 So. 2d 247 (Fla. 3d DCA 1996)
- Perez v. Seaboard Coast Line R.R. Co., 288 So. 2d 505 (Fla. 1973)
- H. L. Coble Constr. Co. v. The City OF Orlando, 288 So. 2d 505 (Fla. 1973)
- Shore Drive Apts., Inc. v. Frank J. Rooney, Inc., 253 So. 2d 478 (Fla. 4th DCA 1971)