Parties

Question 1

Is a suit is barred if plaintiff fails to join a defendant?

Answer 1

In cases involving multiple defendants, the plaintiff has the option of suing each of the defendants individually in separate lawsuits, or joining some or all of the defendants together in a single lawsuit. While Florida law encourages the joinder of defendants in such circumstances, the decision ultimately rests with the plaintiff.

Question 2

In addition to filing a 3rd party compliant for indemnity, can a defendant assert a separate claim arising from the same transaction that is the subject matter of plaintiff’s claim?

Answer 2

A third-party complaint that includes a claim for indemnity, contribution, or subrogation may also include any other claim that arises out of the subject matter of the plaintiff’s complaint.