LAVERN W. QUANDT, D/B/A FISHERMAN'S RESTAURANT, APPELLANT,
v.
QUEEN MONROE AND SEABOARD EQUIPMENT COMPANY, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 4th DCA | 1976-04-30
No. 75-1351
WALDEN, C. J., DOWNEY, J., and MELVIN, WOODROW M., Associate Judge, concur.
331 So. 2d 318 Florida District Court of Appeal, Fourth District (1976)

Opinion of the Court
PER CURIAM.

PER 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. 2d 39 (Fla.App.3rd 1974).

Reversed and remanded with instructions to reinstate.

REVERSED AND REMANDED.

WALDEN, C. J., DOWNEY, J., and MELVIN, WOODROW M., Associate Judge, concur.


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