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POMPANO BEACH HOTEL CORP. v. HARKER

No. 75-837.

328 So.2d 468 (1976)

POMPANO BEACH HOTEL CORPORATION d/b/a the International Hotel and Motel, Appellant, v. Ruth HARKER, a Widow, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

March 5, 1976.

Attorney(s) appearing for the Case

John P. Wiederhold, of Pomeroy & Betts, Fort Lauderdale, for appellant.

Frank E. Maloney, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee Charles S. McAlpine.

OWEN, Judge.

Defendant/third-party plaintiff appeals an order dismissing with prejudice its third-party complaint against appellee — Charles S. McAlpine.

The plaintiff alleged that it was appellant's active negligence which was the proximate cause of plaintiff's injuries. However, appellant was at liberty to place its own characterization upon the events and to maintain a third-party claim alleging active negligence on the part of a third-party defendant...

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