Opinion
No. 90-2199.
July 16, 1991. Rehearing Denied August 13, 1991.
An Appeal from the Circuit Court for Dade County; Henry G. Ferro, Judge.
Thornton J. Williams, Tallahassee, and Thomas F. Capshew, Sarasota for appellant.
Magill Lewis and R. Fred Lewis, Miami, for appellees.
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
Contrary to the ruling below, we conclude that the indemnification provision in question required the appellee P.J. Constructors, Inc. to defend the appellant DOT in the action asserted against, among others, both of them. See Metropolitan Dade County v. Florida Aviation Fueling Co., 578 So.2d 296 (Fla. 3d DCA 1991), and cases cited; R.C.A. Corp. v. Pennwalt Corp., 577 So.2d 620 (Fla. 3d DCA 1991). Accordingly, the judgment below is reversed and the cause remanded with directions to assess the amount of fees and expenses to be awarded in the appellant's favor.