Florida Department of Environmental Protection v. City of Miami Beach, et al.
The Third District reversed a final summary judgment extinguishing FDEP's third-party indemnity claim against the City of Miami Beach, holding that entry of judgment on indemnity before the indemnitee's underlying liability has been adjudicated is premature. The trial court compounded the error by resolving the nature of FDEP's potential liability from unverified pleadings rather than record evidence. The indemnity claim was remanded to be addressed only after resolution of the plaintiffs' underlying negligence action.
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