Ratner v. Garson

District Court of Appeal of Florida

Ratner v. Garson

475 So. 2d 1294, 10 Fla. L. Weekly 2156, 1985 Fla. App. LEXIS 15912

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 1985

DocketNo. 85-22

StatusPublished

Cited by1 cases

This text of 475 So. 2d 1294 (Ratner v. Garson) 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.

Bluebook

Ratner v. Garson, 475 So. 2d 1294, 10 Fla. L. Weekly 2156, 1985 Fla. App. LEXIS 15912 (Fla. Ct. App. 1985).

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Opinion

BASKIN, Judge.

This is an appeal from a final summary judgment entered in an action to modify a stipulated judgment enforcing an indemnity agreement. The gravamen of appellant Ratner’s argument is that his obligation as indemnitor exceeds the amount paid by the indemnitee. We affirm.

Relief from a judgment may properly be sought in either an independent action or by motion pursuant to Florida Rule of Civil Procedure 1.540(b)(5) where, as here, the judgment has prospective application and equity may require relief from its enforcement. DeClaire v. Yohanan, 453 So.2d 375 (Fla.1984). In this case, however, Ratner has failed to show the existence of any genuine issue of material fact. Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982); Johnson v. Gulf Life Insurance Co., 429 So.2d 744 (Fla. 3d DCA 1983); Proprietors Insurance Co. v. Siegel, 410 So.2d 993 (Fla. 3d DCA 1982). We therefore affirm the summary judgment entered in favor of ap-pellees.

Affirmed.

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BASKIN, Judge.

This is an appeal from a final summary judgment entered in an action to modify a stipulated judgment enforcing an indemnity agreement. The gravamen of appellant Ratner’s argument is that his obligation as indemnitor exceeds the amount paid by the indemnitee. We affirm.

Relief from a judgment may properly be sought in either an independent action or by motion pursuant to Florida Rule of Civil Procedure 1.540(b)(5) where, as here, the judgment has prospective application and equity may require relief from its enforcement. DeClaire v. Yohanan, 453 So.2d 375 (Fla.1984). In this case, however, Ratner has failed to show the existence of any genuine issue of material fact. Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982); Johnson v. Gulf Life Insurance Co., 429 So.2d 744 (Fla. 3d DCA 1983); Proprietors Insurance Co. v. Siegel, 410 So.2d 993 (Fla. 3d DCA 1982). We therefore affirm the summary judgment entered in favor of ap-pellees.

Affirmed.

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Bluebook (online)

475 So. 2d 1294, 10 Fla. L. Weekly 2156, 1985 Fla. App. LEXIS 15912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ratner-v-garson-fladistctapp-1985.

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