BIAGIO MANDALA, APPELLANT,
v.
ARNOLD SARROW AND DONALD DEUTSCH D/B/A SARROW-DEUTSCH AGENCY, AND THE FRANKLIN LIFE INSURANCE COMPANY, APPELLEES
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Biagio Mandala appealed a summary judgment in favor of The Franklin Life Insurance Company, a third-party defendant. The court reversed and remanded, finding that the insurance company was improperly joined under Florida's third-party practice rules because it had no liability to Mandala for the claim against him by the original plaintiffs.
The court held that The Franklin Life Insurance Company was improperly before the court because it was in no way liable to the defendant Mandala for the claim made against Mandala by the plaintiffs in the main action. Summary judgment in favor of the company is reversed, and the case is remanded with directions to grant the company's motion to dismiss.
[1] A third-party defendant may not be brought into an action under Rule 1.180(a) of the Florida Rules of Civil Procedure if it is not liable to the defendant for the claim m…
[2] Improper joinder of a third-party defendant under Rule 1.180(a) of the Florida Rules of Civil Procedure can deprive the court of jurisdiction.
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Join FLexlaw to unlock all legal intelligence“the company was in nowise liable to the defendant, Mandala, for the claim made against Mandala by the plaintiffs in the main action”
Establishes the fundamental reason for improper joinder—lack of liability between the third-party defendant and the main defendant regarding the plaintiffs' claim.
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Join FLexlaw to unlock all legal intelligenceMandala was the defendant in a main action brought by plaintiffs against him and others. The defendant Mandala brought The Franklin Life Insurance Com…
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The third party defendant, The Franklin Life Insurance Company, enjoyed the entry of summary final judgment in its favor as concerns the claim made against it by the defendant in the main action, Biagio Mandala. Mandala appeals. The company was brought into the case under Third Party Practice, Florida Rules of Civil Procedure, Rule 1.180(a), 30 F.S.A. But it is manifest from the pleadings and the mentioned rule that the company was improperly before the court because the company was in nowise liable to the defendant, Mandala, for the claim made against Mandala by the plaintiffs in the main action. We gratuitously observe that the company could not be brought into court under Section (h), Additional Parties May be Brought In, found in Florida Rules of Civil Procedure, Rule 1.170, Counterclaims and Cross-Claims, because as reflected in the record, such joinder deprives the Court of Record in and for Broward County, Florida, of jurisdiction of the action.
We are aware that the point on appeal is primarily concerned with whether there were genuine issues of material fact which would prohibit entry of the summary final judgment. Although being of the opinion that such existed, we do not plumb them, but choose to address ourselves to the more fundamental question which, we believe, will aid in the ultimate disposition of this case in accordance with law. For instance, if we should merely reverse, upon conclusion of the case the company could successfully appeal the trial court’s action in denying its motion to dismiss because of its improper joinder under Florida Rules of Civil Procedure, Rule 1.180.
In light of the circumstances and our understanding of the law the summary *15judgment here appealed is reversed and the cause remanded with directions to grant the motion to dismiss of the third party defendant, The Franklin Life Insurance Company. This is to be without prejudice to the right of the defendant, Biagio Mandala, to file such independent proceeding against the company as he may be advised.
Reversed and remanded with directions.
WALDEN and REED, JJ., and MORROW, RUSSELL O., Associate Judge, concur.
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Berenson v. World Jai-Alai, Inc., 374 So. 2d 35 (Fla. 3d DCA 1979)…efense of the main action was correctly dismissed (without prejudice, [thus, preserving appellant’s right to make the claim at a later time, if appropriate]), since the claim does not constitute a proper third-party complaint. See Mandala v. Sarrow, 234 So. 2d 14 (Fla. 4th DCA 1970) and Fla.R.Civ.P. 1.180(a). We concur with the legal rationale espoused. [*39] We must now look to the assertions advanced by Lloyd’s Underwriters regarding the provisions of the insurance policy. This appellee states that the app…
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Carl Domino, Inc. v. Dixon, 358 So. 3d 29 (Fla. 4th DCA 2023)
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Ronlee, Inc. v. The State of Fla. ex rel. L. C. Morris, Inc., 274 So. 2d 570 (Fla. 3d DCA 1973)…the record, briefs, and arguments of counsel and have concluded that the appellant has failed to show an abuse of the lower court’s discretion. See Brown v. Montgomery Ward & Company, Fla.App.1971, 252 So. 2d 817; Mandala v. Sarrow, Fla.App. 1970, 234 So. 2d 14; McKean v. Kloeppel Hotels, Inc., Fla.App.1965, 171 So. 2d 552; McNutt v. Sherrill, Fla.App.1962, 141 So. 2d 309. Accordingly, the judgment is affirmed.…
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