C.P. WARD, INC. v. ENTER. BLDG. CORP.

No. 86-1894.

497 So.2d 700 (1986)

C.P. WARD, INC., Appellant, v. ENTERPRISE BUILDING CORPORATION, Employers Insurance of Wausau, a Mutual Company, KBH Equipment Company, Ssp Construction Equipment, Inc., Ssp Industries, Fred Gramlin, Charles Larzelere and Christel Larzelere, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

November 7, 1986.


Attorney(s) appearing for the Case

Jeffrey R. Fuller of Williams, Brasfield, Wertz, Fuller & Lamb, P.A., St. Petersburg, for appellant.

Ted R. Manry, III, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee Enterprise Bldg. Corp.


ON MOTION TO DISMISS

GRIMES, Acting Chief Judge.

Appellant, who was a defendant below, appeals the dismissal of his cross-claim for indemnity against appellee, a codefendant. Since the substance of the cross-claim arises out of the same circumstances underlying the plaintiff's action which is still pending, the appeal from the dismissal of the cross-claim is premature. Miami-Dade Water & Sewer v. Metropolitan Dade County, 469...

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