C.P. Ward, Inc. v. Enterprise Building Corp.
Docket: No. 86-1894
Court: District Court of Appeal of Florida; November 6, 1986; Florida; State Appellate Court
The appeal by the appellant, a defendant, regarding the dismissal of his cross-claim for indemnity against the codefendant is deemed premature. The cross-claim arises from the same circumstances as the plaintiff's action, which remains unresolved. Citing relevant case law, including Miami-Dade Water & Sewer v. Metropolitan Dade County, the court emphasizes that the appeal is not appropriate at this stage. The ruling distinguishes the current case from City of St. Petersburg v. Circuit Court, which pertained to the dismissal of a plaintiff's primary complaint while a cross-claim was still active. Consequently, the court dismisses the appeal without prejudice, allowing the appellant to raise the issues in a plenary appeal after the final judgment is rendered. Judges Schoonover and Hall concur with this decision.