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817 So. 2d 1092

Boyd v. Halstead

District Court of Appeal of Florida · decided 2002-06-12

Cited by 1 later decisions — most recently November 2005

1 state decisions

Relies on 374 So. 2d 490 - Houdaille Industries, Inc. v. Edwards · 632 So. 2d 138 - Britamco v. Cen. Jersey Investments · 544 So. 2d 240 - Leggiere v. Merrill Lynch Realty/Florida, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-12

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BLUE, Chief Judge.

¶1We 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).

¶2Petition granted.

GREEN and KELLY, JJ„ Concur.
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