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WYNMOOR LTD. PARTNERSHIP v. CRAVEN THOMPSON & ASSOCIATES, INC.

No. 82-534.

429 So.2d 76 (1983)

WYNMOOR LIMITED PARTNERSHIP, Appellant, v. CRAVEN THOMPSON & ASSOCIATES, INC., and Stresau, Smith & Stresau, Appellees.

District Court of Appeal of Florida, Fourth District.

April 6, 1983.

Attorney(s) appearing for the Case

R. Edward Campbell and Mark Levy of Levy, Shapiro, Kneen & Kingcade, P.A., Palm Beach, for appellant.

Jeanne Heyward, Miami, and Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs, Miami, for appellees — Craven, Thompson & Associates, Inc.

Betsy Hartley of Talburt, Kubicki & Bradley, Miami, for appellees — Stresau, Smith & Stresau.

HERSEY, Judge.

This appeal addresses an order dismissing appellant's second amended third party complaint with prejudice. The original cause of action was one for subrogation. Appellant was never permitted to amend to allege a right to indemnification. We are unable to conclude with conviction on this record that appellant could not state a cause of action for indemnity. Thus, it cannot be said that the third party complaint was "clearly unamendable." Highlands...

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