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ProveMyFloridaCase.com > Posts tagged "Florida Rule of Civil Procedure 1.180"

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...

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