Summary
In Bird Lakes Dev. Corp. v. Velez, 846 So.2d 555 (Fla. 3d DCA 2003), this Court held that both a crossclaim and third party claim survived dismissal of the main action because none of the pleadings or orders entered in connection with the dismissal referred to the crossclaim or the third party claim.
Summary of this case from Fersom Mortg., Inc. v. MorenoOpinion
Case Nos. 3D02-751.
Opinion filed April 16, 2003. Rehearing and Certification Denied May 28, 2003.
An appeal from the Circuit Court of Miami-Dade County, Amy Steele Donner, Judge. Lower Tribunal Case Nos. 96-9527, 94-16038.
Hall, David Joseph, for appellant.
Coleman Associates, for appellees.
Before JORGENSON, GREEN, and FLETCHER, JJ.
After a careful review of this complex consolidated record, we find that the trial court erred in finding that the crossclaim and third party claim brought by Bird Lakes Development Corporation [Bird Lakes] against Arnaldo Velez, Taylor, Brion, Buker Greene, Henry H. Taylor, Jr., Gerald Moore, James Moore and Robert Paterno [Velez] did not survive the dismissal entered in Case No. 96-09527CA which was consolidated with the instant action. This is so because none of the various pleadings filed nor the orders entered in connection with the dismissal refer to the claims between Bird Lakes and Velez, but address only the claims between Home Insurance Company and Bird Lakes.
This finding appears for the first time in the order on status conference entered on February 12, 2002 which we conclude is a final, appealable order of the crossclaim and third party claim.
Accordingly, we reverse the order of the trial court and remand for further proceedings.