Opinion
No. 88-2458.
March 22, 1989. Rehearing Denied April 19, 1989.
Appeal of a non-final order from the Circuit Court for Broward County; Joseph E. Price, Judge.
Ronald D. Poltorack of Law Offices of Ronald D. Poltorack, P.A., Fort Lauderdale, for appellants.
Sherri K. Dewitt and Thomas R. Peppler of Graham, Clark, Pohl Jones, Winter Park, for appellee.
This is an appeal of a partial final summary judgment in favor of the third party plaintiff, Robert Storer, and against the third party defendants, T.C. Miller, Inc. and Tanfield Miller. We find that there were issues of fact which precluded summary judgment and reverse. A question remains as to whether Storer and his attorney, DeWitt, unreasonably required the third party defendants to post a bond and thereby prevented them from assuming the defense of the case as required by the indemnification agreement.
REVERSED and REMANDED for further proceedings consistent herewith.
DOWNEY, WALDEN and STONE, JJ., concur.