Fla. R. Civ. P. 1.180

Third-Party Practice

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RULE 1.180. 	THIRD-PARTY PRACTICE
(a) 	When Available. At any time after commencement of the
action a defendant may have a summons and complaint served on a
person not a party to the action who is or may be liable to the
defendant for all or part of the plaintiff’s claim against the
defendant, and may also assert any other claim that arises out of
the transaction or occurrence that is the subject matter of the
plaintiff’s claim. The defendant need not obtain leave of court if the
defendant files the third-party complaint not later than 20 days
after the defendant serves the original answer. Otherwise, the
defendant must obtain leave on motion and notice to all parties to
the action. The person served with the summons and third-party
complaint, herein called the third-party defendant, shall make
defenses to the defendant’s claim as provided in rules 1.110 and
1.140 and counterclaims against the defendant and crossclaims
against other third-party defendants as provided in rule 1.170. The
third-party defendant may assert against the plaintiff any defenses
that the defendant has to the plaintiff’s claim. The third-party
defendant may also assert any claim against the plaintiff arising out
of the transaction or occurrence that is the subject matter of the

plaintiff’s claim against the defendant. The plaintiff may assert any
claim against the third-party defendant arising out of the
transaction or occurrence that is the subject matter of the plaintiff’s
claim against the defendant, and the third-party defendant
thereupon shall assert a defense as provided in rules 1.110 and
1.140 and counterclaims and crossclaims as provided in rule 1.170.
Any party may move to strike the third-party claim or for its
severance or separate trial. A third-party defendant may proceed
under this rule against any person not a party to the action who is
or may be liable to the third-party defendant for all or part of the
claim made in the action against the third-party defendant.
(b) 	When Plaintiff May Bring in Third Party. When a
counterclaim is asserted against the plaintiff, the plaintiff may bring
in a third party under circumstances which would entitle a
defendant to do so under this rule.
Court Commentary
1984 Amendment. Subdivision (a) is amended to permit the
defendant to have the same right to assert claims arising out of the
transaction or occurrence that all of the other parties to the action
have. It overrules the decisions in Miramar Construction, Inc. v. El
Conquistador Condominium, 303 So. 2d 81 (Fla. 3d DCA 1974), and
Richard’s Paint Mfg. Co. v. Onyx Paints, Inc., 363 So. 2d 596 (Fla.
4th DCA 1978), to that extent. The term defendant is used
throughout instead of third-party plaintiff for clarity and brevity
reasons and refers to the defendant serving the summons and
third-party complaint on a third-party defendant or, when
applicable, to the similar summons and fourth party.

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