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GERHARDT v. CROWE

No. 1D12-5895.

118 So.3d 1006 (2013)

Kurt C. GERHARDT ("Gerhardt"), Appellant, v. Thomas Y. CROWE, Individually, TYC Management, Inc., Penn Mutual Life Insurance Company, a corporation, Thomas Worthington, Individually, and as agent for Penn Mutual Life Insurance Company; James E. Morgan, Jr., Individually, and as agent for Penn Mutual Life Insurance Company; Larry Koresko, Individually, and as agent for Penn Mutual Life Insurance Company, Briar Patch of Glenwood, Inc., d/b/a The Business Tax Institute, Samuel B. Eckhardt, and Penn-Mont Benefit Services, Inc., Appellees.

District Court of Appeal of Florida, First District.

August 22, 2013.

Attorney(s) appearing for the Case

Niels P. Murphy and Matthew B. Baggett of Murphy & Anderson, P.A., Jacksonville, and Theodore C. Peters of Edgerton & Weaver, LLP, Hermosa Beach, CA, for Appellant.

Richard M. Stoudemire and Travase L. Erickson of Saalfield, Shad, Stokes, Inclan, Stoudemire & Stone, P.A., Jacksonville, for Appellee Briar Patch of Glenwood, Inc. and Samuel B. Eckhardt; Scott Alan Orth of the Law Offices of Scott Alan Orth, P.A., Hollywood, for Appellee Larry Koresko.

PER CURIAM.

AFFIRMED. See T & S Enters. Handicap Accessibility, Inc. v. Wink Indus. Maint. & Repair, Inc., 11 So.3d 411, 413 (Fla. 2d DCA 2009) ("The jury would determine the same issues under section 768.81(3) as it would in a third-party action, and it is unlikely that [a defendant] will be required to pay more than its pro rata share of any common liability."). See also Wells v. Tallahassee Mem'l Reg'l Med....

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