Summary
holding that indemnitee may recover attorneys' fees incurred in defending indemnity agreement
Summary of this case from SBA Network Services, Inc. v. Telecom Procurement Services, Inc.Opinion
No. 80-2152.
January 15, 1982.
Appeal from the Circuit Court, Pinellas County, B.J. Driver, J.
John S. Wagstaff of Phillips, McFarland, Gould Wagstaff, P.A., Clearwater, for appellants/cross-appellees.
Stephen D. Hughes, Largo, for appellees/cross-appellants.
We affirm on all counts except the denial of attorneys' fees to Koob for defending the indemnity agreement. The general rule is that an indemnitee is entitled to recover reasonable attorneys' fees as part of its damages. Morse Auto Rentals, Inc. v. Dunes Enterprises, Inc., 198 So.2d 652 (Fla.3d DCA 1967).
Accordingly, we REMAND to the trial court for this determination.
OTT, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.