BIRD LAKES DEVELOPMENT CORP., ETC., APPELLANT,
v.
ARNALDO VELEZ, ET AL., APPELLEES
Explore caselaw by topic → Browse Third Party Claim cases and more on FLexlaw
PER CURIAM.
After a careful review of this complex consolidated record, we find that the trial court erred in finding that the crossclaim and third party claim brought by Bird Lakes Development Corporation [Bird Lakes] against Arnaldo Velez, Taylor, Brion, Buker & Greene, Henry H. Taylor, Jr., Gerald Moore, James Moore and Robert Paterno [Velez] did not survive the dismissal entered in Case No. 96-09627CA which was consolidated with the instant action.1 This is so because none of the various pleadings filed nor the orders entered in connection with the dismissal refer to the claims between Bird Lakes and Velez, but address only the claims between Home Insurance Company and Bird Lakes.
Accordingly, we reverse the order of the trial court and remand for further proceedings.
. This finding appears for the first time in the order on status conference entered on February 12, 2002 which we conclude is a final, appealable order of the crossclaim and third party claim.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Trintec Constr., Inc. v. Countryside Vill. Condo. Ass'n, Inc., 992 So. 2d 277 (Fla. 3d DCA 2008)…gainst the unit owners with prejudice and indicated that their joinder might be subject to fees under section 57.105 of the Florida Statutes. Id. at 1185 n. 1. Finally, in Four Jay’s Construction, Inc. v. The Marina at the Bluffs Condominium Ass’n, 846 So. 2d 555 (Fla. 4th DCA 2003), the Fourth District reversed a final judgment that dismissed with prejudice a balcony contractor’s claims for breach of contract, quantum meruit, unjust enrichment, and promissory estoppel against all owners of record of individ…
-
The Waterview Towers Condo. Ass'n, Inc. v. City OF W. Palm Beach, 232 So. 3d 401 (Fla. 4th DCA 2017)…This court has recognized that an association may sue and be sued as the representative of condominium unit owners in an action to resolve a controversy of common interest to all units.” Four Jay’s Const. Inc. v. Marina at Bluffs Condo. Ass’n, Inc., 846 So. 2d 555, 557 (Fla. 4th DCA 2003); see generally Homeowner’s Ass’n of Overlook, Inc. v. Seabrooke Homeowners’ Ass’n, Inc., 62 So. 3d 667 (Fla. 2d DCA 2011). Under the Declaration, the Association is responsible for the operation of the entire condominium. T…
-
Tedeschi v. Surf Side Tower Condo. Ass'n, Inc., 35 So. 3d 915 (Fla. 2d DCA 2010)…t relating to that work.” Id. at 280. The court also noted that the unit owners had the right to intervene in the lawsuit. Id. The Fourth District has also addressed this issue in Four Jay’s Construction, Inc. v. Marina at Bluffs Condominium Ass’n, 846 So. 2d 555, 556 (Fla. 4th DCA 2008), wherein the appellant filed suit against a condominium association alleging that the association breached a construction contract, pursuant to which the appellant had installed balcony additions to all of the condominium bu…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence