Fla. Fam. L. R. P. 12.180

RULE 12.180

THIRD-PARTY PRACTICE

(a) When Available. At any time after commencement of the

action a respondent may have a summons and petition served on a

person not a party to the action who is or may be liable to the

respondent for all or part of the petitioner’s claim against the

respondent, and may also assert any other claim that arises out of

the transaction or occurrence that is the subject matter of the

petitioner’s claim. The respondent need not obtain leave of court if

the respondent files the third-party complaint not later than 20

days after the respondent serves the original answer. Otherwise, the

respondent must obtain leave on motion and notice to all parties to

the action. The person served with the summons and third-party

complaint, the third-party respondent, must make defenses to the

respondent’s claim as provided in rules 12.110 and 12.140 and

counterpetitions against the respondent and crossclaims against

other third-party respondents as provided in rule 12.170. The third-

party respondent may assert against the petitioner any defenses

that the respondent has to the petitioner’s claim.

(b) Additional Claims. The third-party respondent may also

assert any claim against the petitioner arising out of the transaction

or occurrence that is the subject matter of the petitioner’s claim

against the respondent. The petitioner may assert any claim against

the third-party respondent arising out of the transaction or

occurrence that is the subject matter of the petitioner’s claim

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Family Law Rules of Procedure October 1, 2025 53

against the respondent, and the third-party respondent must assert

a defense as provided in rules 12.110 and 12.140 and

counterpetitions and crossclaims as provided in rule 12.170. Any

party may move to strike the third-party claim or for its severance

or separate trial. A third-party respondent may proceed under this

rule against any person not a party to the action who is or may be

liable to the third-party respondent for all or part of the claim made

in the action against the third-party respondent.

(c) When Petitioner May Bring in Third Party. When a

counterpetition is asserted against the petitioner, the petitioner may

bring in a third party under circumstances which would entitle a

respondent to do so under this rule.