Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claim of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of crossclaim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties otherwise permitted.
Florida Civil Procedure Rules Index
1 Case Citation(s)
Listed below are cases cited in the Florida Rules Decisions Reporter and other blog posts that reference Rule 1.240 Interpleader.
Cade Enterprises, Inc. is a corporation established by the inventor of Gatorade for estate planning purposes. In 2008 the company was set to issue dividends, but two of its shareholders were in a dispute over their interest in the company . . . . Reiterating that Interpleader is an equitable remedy, the Court found that Rule 1.240 abolished the four part test to maintain an Interpleader action at common law and substituted a single requirement: whether the party seeking Interpleader "'is or may be exposed to double or multiple liability' for competing claims to a single fund." Finding that the shareholder's dispute over the dividends met the requirement, the First DCA upheld the trial court's decision allowing Cade Enterprises to proceed with its Complaint in Interpleader. Read More
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Brian Willis
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Brian and Jason provide legal services to local, national and international clients with business and real estate related legal issues in the Tampa Bay area and across Florida. We always appreciate case referrals from our local and out of state readers. Please contact us at the links above.
