THE OHIO CASUALTY INSURANCE COMPANY, WEST AMERICAN INSURANCE COMPANY, AND AMERICAN FIRE AND CASUALTY COMPANY, PETITIONERS,
v.
SAMUEL B. FENNELL AND DOYLE B. FINCH, RESPONDENTS
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PER CURIAM.
The three petitioners (companies) brought this petition for writ of certiorari to review the denial in the trial court of their motion to bring in a third party defendant pursuant to Florida Rule of Civil Procedure 1.180(a). Because the trial court denied the motion without prejudice to refile it after the disposition of an appeal pending before this court regarding class certification, wé dismiss the petition for failing to show irreparable harm at this time. We note that that appeal has recently been disposed of, and the order on certification was affirmed per curiam.
Should the motion to bring in a third party defendant be revisited, we draw counsel’s attention to Sterling Drug, Inc., v. Lugo, 614 So. 2d 16 (Fla. 3d DCA 1993) and Steak Enters., Inc., v. Claus, 345 So. 2d 1075 (Fla. 4th DCA 1976).
The companies raised another issue (fees for their adversaries’ expert) which we also dismiss as causing no irreparable harm and thus without this court’s certiorari jurisdiction.
RYDER, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fish Tale Sales & Serv., Inc. v. Nice, 106 So. 3d 57 (Fla. 2d DCA 2013)…tion may be inconsistent with the outcome in the present case. See Sterling Drug, Inc. v. Lugo, 614 So. 2d 16, 16-17 (Fla. 3d DCA 1993); Steak Enters., Inc. v. Claus, 345 So. 2d 1075, 1076 (Fla. 4th DCA 1976); see also Ohio Cas. Ins. Co. v. Fennell, 686 So. 2d 1, l(Fla. 2d DCA 1995) (citing Sterling and Steak Enters.). The potential for an inconsistent outcome in a subsequent action against the third parties cannot be remedied on plenary appeal of the underlying matter. See Steak Enters., 345 So. 2d at 1076…
Authorities Cited
- Steak Enters., Inc. v. Claus, 345 So. 2d 1075 (Fla. 4th DCA 1976)
- Sterling Drug, Inc. v. Lugo, 614 So. 2d 16 (Fla. 3d DCA 1993)