State Ex Rel. Tarrasch v. Crow

SEILER, Judge.

In this case, filed here after respondent indicated he would deny relator’s motion for summary judgment in the underlying damage suit, wherein relator is one of the defendants, we are asked to make absolute our preliminary writ in prohibition. The case turns on the effect to be given a particular release between a plaintiff and one of multiple defendants on the right of the remaining non-settling defendant to bring a cross-claim or third party impleader for indemnity against the settling defendant. The cross-claim against relator is couched in terms of seeking full indemnity and…