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Horowitz v. Laske8/29/2003
y because of some vicarious, constructive, derivative, or technical liability to another who should bear the costs because it was the latter's wrongdoing for which the former is held liable. Id. at 493. For the right to indemnification to arise, there must be a special relationship between the parties that gives rise to the technical liability of the would-be indemnitee. See id. (the allowance of indemnity is premised upon a special relationship between the primary defendant and the third-party defendant). Here, Wendt has failed to allege ultimate facts showing a special relationship between him and Horowitz that would make Wendt technically liable for wrong acts on the part of Horowitz.
According to Wendt, count IX states a claim under the "wrongful act doctrine," which he nevertheless acknowledges is not an independent cause of action. Where a defendant has committed a wrong toward the plaintiff and the wrongful act has caused the plaintiff to litigate with third persons, the wrongful act doctrine permits the plaintiff to recover, as an additional element of damages, plaintiff's third party litigation expense. State Farm Fire & Cas. Co. v. Pritcher, 546 So. 2d 1060, 1061-62 (Fla. 3d DCA 1989). We conclude that this is a claim for damages, including special damages, for legal malpractice. Because Wendt has not alleged a factual basis for legal malpractice claim, as discussed above, count IX also fails.
Where the threshold question of jurisdiction turns on whether a tort is committed in Florida, the court necessarily must review the allegations of the complaint to determine if a cause of action is stated. Wendt, 822 So. 2d at 1260 (citing 8100 R.R. Ave. Realty Trust v. R.W. Tansill Constr. Co., 638 So. 2d 149, 151 (Fla. 4th DCA 1994)). The order denying the motion for lack of jurisdiction is reversed because, since there is no cause of action alleged, there is no basis for personal jurisdiction. See 8100 R.R. Ave. Realty Trust, 638 So. 2d at 151.
REVERSED.
GRIFFIN and TORPY, JJ., concur.
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