Ciga-Freshna Corp. v. Kozich

District Court of Appeal of Florida

Ciga-Freshna Corp. v. Kozich

559 So. 2d 1172, 1990 Fla. App. LEXIS 101, 1990 WL 1048

CourtDistrict Court of Appeal of Florida

DecidedJanuary 10, 1990

DocketNo. 88-2026

StatusPublished

This text of 559 So. 2d 1172 (Ciga-Freshna Corp. v. Kozich) 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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Ciga-Freshna Corp. v. Kozich, 559 So. 2d 1172, 1990 Fla. App. LEXIS 101, 1990 WL 1048 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

This is a timely appeal from a final judgment in favor of appellee, Kozich, in a suit to foreclose a lien for professional design and engineering services performed relative to property owned by appellant, Ciga-Freshna. The judgment also sua sponte dismissed without prejudice the appellant’s cross-claim against appellee, The Estate of Gail Salvini.

We have carefully considered the record and argument of counsel and conclude that there is substantial competent evidence in the record to support a finding that appellant ratified the acts of Gail Salvini, the corporate secretary, in contracting with ap-pellee.

Appellant’s cross-claim had been severed from the main claim for trial. Nevertheless, the judgment dismissed the cross-claim without prejudice, stating: “Based upon the record and pleadings it is now clear to the court that all crossclaims and third party claims are not appropriate matters to be litigated as part of this case.... ” We believe the cross-claim involved herein should be reinstated and the parties given an opportunity to be heard on the viability of the cause of action stated therein before dismissal of said claim.

Accordingly, we affirm the judgment for appellee against appellant on the main suit and reverse the dismissal of appellant’s cross-claim against The Estate of Gail Sal-vini and remand for further appropriate proceedings on the cross-claim.

DOWNEY and WALDEN, JJ., and McNULTY, JOSEPH P., Associate Judge, concur.

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PER CURIAM.

This is a timely appeal from a final judgment in favor of appellee, Kozich, in a suit to foreclose a lien for professional design and engineering services performed relative to property owned by appellant, Ciga-Freshna. The judgment also sua sponte dismissed without prejudice the appellant’s cross-claim against appellee, The Estate of Gail Salvini.

We have carefully considered the record and argument of counsel and conclude that there is substantial competent evidence in the record to support a finding that appellant ratified the acts of Gail Salvini, the corporate secretary, in contracting with ap-pellee.

Appellant’s cross-claim had been severed from the main claim for trial. Nevertheless, the judgment dismissed the cross-claim without prejudice, stating: “Based upon the record and pleadings it is now clear to the court that all crossclaims and third party claims are not appropriate matters to be litigated as part of this case.... ” We believe the cross-claim involved herein should be reinstated and the parties given an opportunity to be heard on the viability of the cause of action stated therein before dismissal of said claim.

Accordingly, we affirm the judgment for appellee against appellant on the main suit and reverse the dismissal of appellant’s cross-claim against The Estate of Gail Sal-vini and remand for further appropriate proceedings on the cross-claim.

DOWNEY and WALDEN, JJ., and McNULTY, JOSEPH P., Associate Judge, concur.

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Bluebook (online)

559 So. 2d 1172, 1990 Fla. App. LEXIS 101, 1990 WL 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciga-freshna-corp-v-kozich-fladistctapp-1990.