Florida District Courts of Appeal, 1985

Ratner v. Garson

Ratner v. Garson
Florida District Courts of Appeal · Decided September 17, 1985 · Barkdull, Baskin, Ferguson
475 So. 2d 1294; 10 Fla. L. Weekly 2156; 1985 Fla. App. LEXIS 15912 (Southern Reporter, Second Series)

Ratner v. Garson

Opinion of the Court

BASKIN, Judge.

This is an appeal from a final summary judgment entered in an action to modify a stipulated judgment enforcing an indemnity agreement. The gravamen of appellant Ratner’s argument is that his obligation as indemnitor exceeds the amount paid by the indemnitee. We affirm.

Relief from a judgment may properly be sought in either an independent action or by motion pursuant to Florida Rule of Civil Procedure 1.540(b)(5) where, as here, the judgment has prospective application and equity may require relief from its enforcement. DeClaire v. Yohanan, 453 So.2d 375 (Fla. 1984). In this case, however, Ratner has failed to show the existence of any genuine issue of material fact. Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982); Johnson v. Gulf Life Insurance Co., 429 So.2d 744 (Fla. 3d DCA 1983); Proprietors Insurance Co. v. Siegel, 410 So.2d 993 (Fla. 3d DCA 1982). We therefore affirm the summary judgment entered in favor of ap-pellees.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.