Boyd v. Halstead

District Court of Appeal of Florida

Boyd v. Halstead

817 So. 2d 1092, 2002 Fla. App. LEXIS 8203, 2002 WL 1308180

CourtDistrict Court of Appeal of Florida

DecidedJune 12, 2002

DocketNo. 2D01-4277

StatusPublished

Cited by1 cases

This text of 817 So. 2d 1092 (Boyd v. Halstead) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boyd v. Halstead, 817 So. 2d 1092, 2002 Fla. App. LEXIS 8203, 2002 WL 1308180 (Fla. Ct. App. 2002).

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Opinion

BLUE, Chief Judge.

We 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).

Petition granted.

GREEN and KELLY, JJ„ Concur.

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BLUE, Chief Judge.

We 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).

Petition granted.

GREEN and KELLY, JJ„ Concur.

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817 So. 2d 1092, 2002 Fla. App. LEXIS 8203, 2002 WL 1308180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-halstead-fladistctapp-2002.

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