GERALD BOYD, PETITIONER,
v.
STEPHEN L. HALSTEAD AND MARY HALSTEAD, RESPONDENTS
GERALD BOYD, PETITIONER,
STEPHEN L. HALSTEAD AND MARY HALSTEAD, RESPONDENTS
817 So. 2d 1092
Florida District Court of Appeal, Second District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
BLUE, Chief Judge.
We grant Gerald Boyd’s petition for a writ of certiorari and quash that portion of the trial court’s order abating the third-party complaint filed against him by Stephen and Mary Halstead. We agree with the trial court’s conclusion that the Hal-steads have not stated a sufficient claim for indemnity. See, e.g., Houdaille Indus., Inc. v. Edwards, 374 So. 2d 490 (Fla.1979); Leggiere v. Merrill Lynch Realty/Fla., Inc., 544 So. 2d 240 (Fla. 2d DCA 1989). The trial court’s decision to also abate the claim against Boyd is inconsistent with its decision to dismiss the claim. See Britamco Underwriters, Inc. v. Cent. Jersey Invs., Inc., 632 So. 2d 138 (Fla. 4th DCA 1994).
Petition granted.
GREEN and KELLY, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kendall v. Gilmore, 915 So. 2d 681 (Fla. 3d DCA 2005)…7 (Fla. 5th DCA 1993); Tindall v. Travelers Indem. Co., 613 So. 2d 1369 (Fla. 2d DCA 1993); Matey v. Reinman, 599 So. 2d 201 (Fla. 2d DCA 1992); Leggiere v. Merrill Lynch Realty/Florida, Inc., 544 So. 2d 240 (Fla. 2d DCA 1989). See Boyd v. Halstead, 817 So. 2d 1092 (Fla. 2d DCA 2002). The facts in the Third Party Complaint and the Third Party First Amended Complaint demonstrate that further amendment would not be fruitful. We reverse, however, the portion of the order that dismisses the claims with prejudice…
Authorities Cited
- Houdaille Indus., Inc. v. Edwards, 374 So. 2d 490 (Fla. 1979)
- Britamco Underwriters, Inc. v. Cent. Jersey Invs., Inc., 632 So. 2d 138 (Fla. 4th DCA 1994)
- Leggiere v. Merrill Lynch Realty/Florida, Inc., 544 So. 2d 240 (Fla. 2d DCA 1989)