Legal Opinion · Dissent

Century 21 Paramount Real Estate, Inc. v. Hometown Realty, LLC

Supreme Court of Alabama

Decided September 30, 2009No. 1070904Published

1DissentBolin, Justice

I respectfully dissent from the main opinion. It is clear from the record that the trial court dismissed the third-party complaint filed by Century 21 Paramount Real Estate, Inc. (“Paramount”), as well as the cross-claims stemming from the third-party complaint, because the third-party defendants were improperly joined. Rule 14(a), Ala. R. Civ. P., allows a defending party such as Paramount to bring into the original action a nonparty who is or may be liable to the defending party for all or part of the plaintiffs original claims against the defending party. Specifically, Rule 14(a), Ala. R.…

2Cases cited3 opinions

  1. United States v. Joe Grasso & Son, Inc.Court of Appeals for the Fifth Circuit · 1967
  2. Ex Parte RudolphSupreme Court of Alabama · 1987
  3. Allstate Insurance v. Hugh Cole Builder, Inc.District Court, M.D. Alabama · 1999

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