From Casetext: Smarter Legal Research

Magnum Construction Management Corp. v. Arso Enterprises, Inc.

District Court of Appeal of Florida, Third District
Aug 14, 2002
824 So. 2d 959 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D02-92.

August 14, 2002.

An Appeal from the Circuit Court for Miami Dade County, Fredricka G. Smith, Judge.

Alvarez, Armas Borron, J. Alfredo de Armas and Arturo Alvarez, Coral Gables, for appellant.

Pedro F. Martell, Coral Gables, for appellee.

Before JORGENSON, GODERICH, and SHEVIN, JJ.


In the underlying suit, a general contractor, Magnum Construction Management Corporation d/b/a MCM Corporation [MCM], entered into an agreement with Miami Dade County for the replacement of windows at an elderly housing facility. After the new windows were installed, they leaked. MCM filed suit against the County for nonpayment, and the County filed a counterclaim seeking damages as a result of the defective windows. MCM, in turn, amended its complaint by interlineation and sought indemnification from the manufacturer of the windows, Arso Enterprises, Inc., d/b/a Sol A Trol Aluminum Products. The trial court conducted a sixteen-day bench trial and specifically rejected MCM's defense that the defects were caused by the manufacturer. Accordingly, we find that the trial court properly denied MCM's claim for indemnification.

We affirm the final judgments under review.


Summaries of

Magnum Construction Management Corp. v. Arso Enterprises, Inc.

District Court of Appeal of Florida, Third District
Aug 14, 2002
824 So. 2d 959 (Fla. Dist. Ct. App. 2002)
Case details for

Magnum Construction Management Corp. v. Arso Enterprises, Inc.

Case Details

Full title:MAGNUM CONSTRUCTION MANAGEMENT CORPORATION, d/b/a MCM Corporation…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 14, 2002

Citations

824 So. 2d 959 (Fla. Dist. Ct. App. 2002)