Florida District Courts of Appeal, 1978

Burns v. Riccardi

Florida District Courts of Appeal · Decided April 4, 1978 · No. 77-363 · Hendry, Hoe, Hubbart

356 So. 2d 1334; 1978 Fla. App. LEXIS 15617 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Higgens v. Telson (Florida Circuit Courts 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HENDRY, Judge.

Appellant, co-defendant and third party plaintiff below, appeals from an “order on defendant’s motion to consolidate.” Said order denied appellant’s motion to consolidate a third party claim previously severed by the trial judge.

*1335Pursuant to Fla.R.Civ.P. 1.270(a) and (b), the consolidation and severance of third party claims are within the sound judicial discretion of the trial judge. Brody Construction, Inc. v. Fabri-Buiit Structures, Inc., 322 So .2d 61 (Fla. 4th DCA 1975); Compañía Dominicana de Aviación v. Knapp, 251 So.2d 18 (Fla. 3d DCA 1971).

After carefully reviewing the record and briefs, it is our opinion that appellant has failed to demonstrate an abuse of the trial judge’s discretion. Accordingly, the order appealed from is hereby affirmed.

Affirmed.

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