Third-Party Complaint Must Allege Claim for Indemnification, Subrogation, or Contribution

Must a third-party complaint include a claim for indemnification, subrogation, or contribution arising from the underlying complaint? A recent Fourth District Court of Appeal case, relying on a case from the Second District Court of Appeal, confirmed it did when it reversed final judgment against a third-party defendant due to an improper third-party complaint. Below is the applicable language relating to third-party complaints: Rule 1.180 governs third party complaint practice. That rule provides: At any time after commencement of the action a defendant may have a summons and complaint served on a person not a party to the action who is or may...

19 February

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Doctrine of Equitable Contribution

Posted by David Adelstein

in Trial Perspectives

Here is an interesting case dealing with the doctrine of equitable contribution which “applies to cases involving joint contractual obligations when the parties’ agreement does not address their rights to seek contribution.” Shamieh v. HCB Financial Corp., 48 Fla.L.Weekly D377a (Fla. 1st DCA 2023). In this case, two persons executed a mortgage and promissory note to purchase property. The persons were jointly and severally liable under the mortgage. They defaulted on the mortgage and one of the persons paid $1 million to settle the debt. That person sued his co-obligor under the mortgage for half of the settlement amount under...