Lynch v. Broward County

District Court of Appeal of Florida

Lynch v. Broward County

572 So. 2d 19, 1990 Fla. App. LEXIS 9764, 1990 WL 211737

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1990

DocketNo. 90-0305

StatusPublished

This text of 572 So. 2d 19 (Lynch v. Broward County) 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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Lynch v. Broward County, 572 So. 2d 19, 1990 Fla. App. LEXIS 9764, 1990 WL 211737 (Fla. Ct. App. 1990).

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Opinion

LETTS, Judge.

The costs awarded in favor of the third party defendant, F.V.L. Contracting, Inc., upon the occasion of the voluntary dismissal taken by the plaintiff, are stricken. See Allied Glass Corp. v. Austin Co., 453 So.2d 195 (Fla. 3d DCA 1984); Tejas Development Co. v. McGough Bros., 167 F.2d 268 (5th Cir.1948); and Anderson v. Gold Seal Vineyards, Inc., 81 Wash.2d 863, 505 P.2d 790 (1973). This third party defendant was not brought into the case by the plaintiff, so the rationale of Puder v. Revitz, 424 So.2d 76 (Fla. 3d DCA 1982) and Chivers v. Smith, 556 So.2d 798 (Fla. 4th DCA 1990) does not apply.

In all other respects, this cause is affirmed.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

ANSTEAD and WALDEN, JJ., concur.

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LETTS, Judge.

The costs awarded in favor of the third party defendant, F.V.L. Contracting, Inc., upon the occasion of the voluntary dismissal taken by the plaintiff, are stricken. See Allied Glass Corp. v. Austin Co., 453 So.2d 195 (Fla. 3d DCA 1984); Tejas Development Co. v. McGough Bros., 167 F.2d 268 (5th Cir.1948); and Anderson v. Gold Seal Vineyards, Inc., 81 Wash.2d 863, 505 P.2d 790 (1973). This third party defendant was not brought into the case by the plaintiff, so the rationale of Puder v. Revitz, 424 So.2d 76 (Fla. 3d DCA 1982) and Chivers v. Smith, 556 So.2d 798 (Fla. 4th DCA 1990) does not apply.

In all other respects, this cause is affirmed.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

ANSTEAD and WALDEN, JJ., concur.

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572 So. 2d 19, 1990 Fla. App. LEXIS 9764, 1990 WL 211737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-broward-county-fladistctapp-1990.

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