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TOUCHE ROSS & CO. v. SUN BANK OF RIVERSIDE

No. 77-2465.

366 So.2d 465 (1979)

TOUCHE ROSS & COMPANY, Appellant, v. SUN BANK OF RIVERSIDE and Sun Bank of Midtown, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 5, 1979.

Attorney(s) appearing for the Case

Berkowitz, Lefkovits & Patrick, Birmingham, Ala., Kelly, Black, Black & Earl, Daniels & Hicks and Mark Hicks, Miami, for appellant.

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, Fowler, White, Burnett, Hurley, Banick & Knight and Henry Burnett, Miami, for appellees.

Before BARKDULL and KEHOE, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

BARKDULL, Judge.

Touche Ross & Company, defendant-third party plaintiff in the trial court, appeals an order dismissing its third party complaint against the appellees, based on a theory of contribution. The appellees cross-assign as error the failure of the trial court to dismiss that count in the third party complaint seeking indemnity against them.1

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