MAULE INDUSTRIES v. MacDONALD ENG'G

No. 73-1499.

296 So.2d 512 (1974)

MAULE INDUSTRIES, INC., a Florida Corporation, Appellant, v. MacDONALD ENGINEERING COMPANY, an Illinois Corporation, and American Mutual Liability Insurance Company, a Massachusetts Corporation, Appellees.

District Court of Appeal of Florida, Third District.

June 18, 1974.


Attorney(s) appearing for the Case

Papy, Levy, Carruthers & Poole, Coral Gables, and James S. Usich, Miami Beach, for appellant.

Spencer & Taylor, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and CARROLL, JJ.


PER CURIAM.

In September, 1972, the trial judge dismissed a third party complaint filed by Maule Industries, the original defendant in a negligence action. Thereafter in June of 1973, without leave of court, it filed an amended third party complaint which was met with a motion to dismiss. The trial court dismissed same and this appeal followed. We affirm.

The ruling of September, 1972 was a final adjudication of the merits of the third party complaint; there...

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