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State Dot v. Cardenal

District Court of Appeal of Florida, Third District
Aug 13, 1991
582 So. 2d 769 (Fla. Dist. Ct. App. 1991)

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.


Summaries of

State Dot v. Cardenal

District Court of Appeal of Florida, Third District
Aug 13, 1991
582 So. 2d 769 (Fla. Dist. Ct. App. 1991)
Case details for

State Dot v. Cardenal

Case Details

Full title:STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLANT, v. CAROLINE L…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 13, 1991

Citations

582 So. 2d 769 (Fla. Dist. Ct. App. 1991)