Legal Opinion

Dade County ex rel. Zack Co. v. Apgar & Markham Construction Co.

Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County

Decided December 8, 1967No. 67-6678Published

1Opinion of the Court

HENRY L. BALABAN, Circuit Judge.

Order denying motions to dismiss third party complaint and crossclaim: This cause is before the court upon motions to dismiss the third party complaint of the defendant, Apgar & Markham Construction Co., Inc., and motions to dismiss the subsequent crossclaim of the third party defendant, Dade County, Florida. Such defensive motions necessarily call for interpretation and application of the procedural rules governing third party practice *158in Florida. Third party practice involves only a question of practice and procedure, as' distinguished from jurisdiction…

2Cases cited10 opinions

  1. Dery v. WyerCourt of Appeals for the Second Circuit · 1959
  2. Watkins v. Baltimore & O. R.District Court, W.D. Pennsylvania · 1939
  3. Hopke v. O'BYRNEDistrict Court of Appeal of Florida · 1963
  4. Volkswagen Insurance Company v. TaylorDistrict Court of Appeal of Florida · 1967
  5. Davis v. Associated Indemnity CorporationDistrict Court, M.D. Pennsylvania · 1944

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