C.P. Ward, Inc. v. Enterprise Building 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 plaintiffs 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 So.2d 813 (Fla. 3d DCA 1985), petition for review denied, 482 So.2d 349 (Fla.1986); Duffy v. Realty Growth Investors, 466 So.2d 257 (Fla. 5th DCA 1985). We distinguish City…