Ohio Casualty Insurance Co. v. Fennell

District Court of Appeal of Florida

Ohio Casualty Insurance Co. v. Fennell

686 So. 2d 1, 1995 Fla. App. LEXIS 13225, 1995 WL 750667

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 1995

DocketNo. 95-02861

StatusPublished

Cited by1 cases

This text of 686 So. 2d 1 (Ohio Casualty Insurance Co. v. Fennell) 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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Ohio Casualty Insurance Co. v. Fennell, 686 So. 2d 1, 1995 Fla. App. LEXIS 13225, 1995 WL 750667 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

The three petitioners (companies) brought this petition for writ of certiorari to review the denial in the trial court of their motion to bring in a third party defendant pursuant to Florida Rule of Civil Procedure 1.180(a). Because the trial court denied the motion without prejudice to refile it after the disposition of an appeal pending before this court regarding class certification, wé dismiss the petition for failing to show irreparable harm at this time. We note that that appeal has recently been disposed of, and the order on certification was affirmed per curiam.

Should the motion to bring in a third party defendant be revisited, we draw counsel’s attention to Sterling Drug, Inc., v. Lugo, 614 So.2d 16 (Fla. 3d DCA 1993) and Steak Enters., Inc., v. Claus, 345 So.2d 1075 (Fla. 4th DCA 1976).

The companies raised another issue (fees for their adversaries’ expert) which we also dismiss as causing no irreparable harm and thus without this court’s certiorari jurisdiction.

RYDER, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.

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PER CURIAM.

The three petitioners (companies) brought this petition for writ of certiorari to review the denial in the trial court of their motion to bring in a third party defendant pursuant to Florida Rule of Civil Procedure 1.180(a). Because the trial court denied the motion without prejudice to refile it after the disposition of an appeal pending before this court regarding class certification, wé dismiss the petition for failing to show irreparable harm at this time. We note that that appeal has recently been disposed of, and the order on certification was affirmed per curiam.

Should the motion to bring in a third party defendant be revisited, we draw counsel’s attention to Sterling Drug, Inc., v. Lugo, 614 So.2d 16 (Fla. 3d DCA 1993) and Steak Enters., Inc., v. Claus, 345 So.2d 1075 (Fla. 4th DCA 1976).

The companies raised another issue (fees for their adversaries’ expert) which we also dismiss as causing no irreparable harm and thus without this court’s certiorari jurisdiction.

RYDER, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.

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Bluebook (online)

686 So. 2d 1, 1995 Fla. App. LEXIS 13225, 1995 WL 750667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-casualty-insurance-co-v-fennell-fladistctapp-1995.

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