Central Truck Lines, Inc. v. White Motor Corp., Nos. 74--1489

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore BARKDULL; NATHAN
Citation316 So.2d 579
PartiesCENTRAL TRUCK LINES, INC., et al., Appellants, v. WHITE MOTOR CORPORATION, Appellee.
Decision Date15 July 1975
Docket Number74--1499,Nos. 74--1489

Page 579

316 So.2d 579
CENTRAL TRUCK LINES, INC., et al., Appellants,
v.
WHITE MOTOR CORPORATION, Appellee.
Nos. 74--1489, 74--1499.
District Court of Appeal of Florida, Third District.
July 15, 1975.

Walton, Lantaff, Schroeder, Carson & Wahl and Ray B. Gonas, Miami, for appellants.

Welsh & Carroll, Talburt, Kubicki & Bradley and Robert J. Dickman, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and NATHAN, JJ.

NATHAN, Judge.

This is the consolidation of an appeal and a petition for writ of certiorari seeking review of an order of the trial court granting the motion of White Motor Corporation, the third party defendant, to dismiss a third party complaint filed against it by defendants, third party plaintiffs, Central Truck Lines, Inc., and Walter

Page 580

Conner, Jr., and an amended order dismissing the third party complaint with prejudice, reciting that Central Truck Lines, Inc., and Walter Conner, Jr., take nothing by their third party complaint, and that third party defendant, White Motor Corporation go hence without delay. In this opinion, we shall treat the matters raised in both the certiorari and the appeal as a full appeal from the amended order of dismissal with prejudice.

The plaintiff filed an action for damages in the trial court alleging that defendant Conner negligently drove the semi-trailer tractor vehicle owned by defendant, Central Truck Lines, in such a manner as to cause a collision between it and the motor vehicle operated by the decedent. In their answer, Conner and Central Truck Lines averred to be without knowledge of such allegations. Subsequently, they filed a third party complaint against White Motor Corporation, alleging that White manufactured and sold the semi-trailer tractor vehicle to Central Truck Lines, and alleging active negligence by White in the manufacture and design of the electrical system in the vehicle, as well as breach of duties and breach of warranties. White filed a motion to dismiss the third party complaint, stating that '. . . a tort feasor charged with active negligence may not cross-claim against the manufacturer of the equipment that is alleged to be defective.' The trial court entered an order granting the motion to dismiss and then entered an amended order dismissing the third party complaint with prejudice.

The precise question now before us is whether the defendant is 'locked in' by an allegation in the plaintiff's complaint that the defendant is the active tort feasor,...

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16 practice notes
  • Stuart v. Hertz Corp., 46553
    • United States
    • United States State Supreme Court of Florida
    • July 28, 1977
    ...that he was an active tortfeasor and could make third party claims for indemnification. Central Truck Lines v. White Motor Corp., 316 So.2d 579 (Fla.3d DCA 1975). But the court still looked to proof of an active/passive relationship of the tortfeasors upon which the claim of indemnity could......
  • Mortgage Guarantee Ins. Corp. v. Stewart, No. 81-1274
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 1983
    ...Barnett Bank of Miami v. Mutual of Omaha Insurance Co., 354 So.2d 114 (Fla. 3d DCA 1978); Central Truck Lines, Inc. v. White Motor Corp., 316 So.2d 579 (Fla. 3d DCA 1975). Moreover, the settlement here could not, as urged, constitute a binding admission by the plaintiff MGIC that it was at ......
  • Safecare Medical Center v. Howard, No. 95-0651
    • United States
    • Court of Appeal of Florida (US)
    • February 28, 1996
    ...of a lawsuit. Seaboard Coast Line R. Co. v. Brown, 297 So.2d 843 (Fla. 2d DCA 1974); Central Truck Lines, Inc. v. White Motor Corp., 316 So.2d 579 (Fla. 3d DCA 1975); Linpro Florida, Inc. v. Almandinger, 603 So.2d 666 (Fla. 4th DCA 1992). This liberality fulfills a purpose of Florida Rule o......
  • Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp., No. 76-1561
    • United States
    • Court of Appeal of Florida (US)
    • November 22, 1977
    ...party plaintiff, is not "locked in" by the allegations of Belokur's complaint. Central Truck Lines, Inc. v. White Motor Corporation, 316 So.2d 579 (Fla. 3d DCA 1975); Crawford Door Sales Company, Inc. v. Donahue, 321 So.2d 624 (Fla. 2d DCA 1975); Bodin Apparel, Inc. v. Superior Steam Servic......
  • Request a trial to view additional results
16 cases
  • Stuart v. Hertz Corp., 46553
    • United States
    • United States State Supreme Court of Florida
    • July 28, 1977
    ...that he was an active tortfeasor and could make third party claims for indemnification. Central Truck Lines v. White Motor Corp., 316 So.2d 579 (Fla.3d DCA 1975). But the court still looked to proof of an active/passive relationship of the tortfeasors upon which the claim of indemnity could......
  • Mortgage Guarantee Ins. Corp. v. Stewart, No. 81-1274
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 1983
    ...Barnett Bank of Miami v. Mutual of Omaha Insurance Co., 354 So.2d 114 (Fla. 3d DCA 1978); Central Truck Lines, Inc. v. White Motor Corp., 316 So.2d 579 (Fla. 3d DCA 1975). Moreover, the settlement here could not, as urged, constitute a binding admission by the plaintiff MGIC that it was at ......
  • Safecare Medical Center v. Howard, No. 95-0651
    • United States
    • Court of Appeal of Florida (US)
    • February 28, 1996
    ...of a lawsuit. Seaboard Coast Line R. Co. v. Brown, 297 So.2d 843 (Fla. 2d DCA 1974); Central Truck Lines, Inc. v. White Motor Corp., 316 So.2d 579 (Fla. 3d DCA 1975); Linpro Florida, Inc. v. Almandinger, 603 So.2d 666 (Fla. 4th DCA 1992). This liberality fulfills a purpose of Florida Rule o......
  • Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp., No. 76-1561
    • United States
    • Court of Appeal of Florida (US)
    • November 22, 1977
    ...party plaintiff, is not "locked in" by the allegations of Belokur's complaint. Central Truck Lines, Inc. v. White Motor Corporation, 316 So.2d 579 (Fla. 3d DCA 1975); Crawford Door Sales Company, Inc. v. Donahue, 321 So.2d 624 (Fla. 2d DCA 1975); Bodin Apparel, Inc. v. Superior Steam Servic......
  • Request a trial to view additional results

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