POMPANO BEACH HOTEL CORPORATION D/B/A THE INTERNATIONAL HOTEL AND MOTEL, APPELLANT,
v.
RUTH HARKER, A WIDOW, ET AL., APPELLEES

Fla. 4th DCA | 1976-03-05
No. 75-837
DOWNEY, J., and MORROW, RUSSELL O., Associate Judge, concur.
328 So. 2d 468 Florida District Court of Appeal, Fourth District (1976) Positive Treatment
Cited by 1 case
Topics
Mary Carter Agreement Third Party Complaint For Indemnity Passive Negligence Active Negligence

Explore caselaw by topic → Browse Mary Carter Agreement cases and more on FLexlaw

Opinion of the Court
OWEN, Judge.

OWEN, Judge.

Defendant/third-party plaintiff appeals an order dismissing with prejudice its third-party complaint against appellee— Charles S. McAlpine.

The plaintiff alleged that it was appellant’s active negligence which was the proximate cause of plaintiff’s injuries. However, appellant was at liberty to place its own characterization upon the events and to maintain a third-party claim alleging active negligence on the part of a third-party defendant and only passive negligence, if any, on its own part as the proximate cause of the plaintiff’s injuries. Central Truck Lines, Inc. v. White Motor Corporation, 316 So. 2d 579 (Fla.App.3rd 1975). The third-party complaint here met that test, and appellant’s settlement with the plaintiff under a so-called “Mary Carter Agreement” would not preclude appellant from seeking indemnification by means of the third-party complaint. The order of dismissal was in error and is reversed.

While this disposition of the case renders moot the remaining two points on appeal, we have nonetheless considered them and find both to be without merit.

Reversed and remanded.

DOWNEY, J., and MORROW, RUSSELL O., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lavern W. Quandt v. Queen Monroe & Seaboard Equip. Co., Inc., 331 So. 2d 318 (Fla. 4th DCA 1976)
    …CURIAM. The trial court erred in dismissing the third party complaint because a third party plaintiff is no longer bound by the allegations of plaintiff’s complaint characterizing the negligence. Pompano Beach Hotel Corporation v. Harker, Fla.App., 328 So. 2d 468, Opinion issued March 5, 1976; Crawford Door Sales Company v. Donahue, 321 So. 2d 624 (Fla.App.2d 1975); Central Truck Lines Inc. v. White Motor Corporation, 316 So. 2d 579 (Fla.App.3d 1975); Gacl, Inc. v. Riviera Tile and Terrazzo Company, 300 So.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw