State Department of Transportation v. Cardenal

District Court of Appeal of Florida

State Department of Transportation v. Cardenal

582 So. 2d 769, 1991 Fla. App. LEXIS 7185, 1991 WL 128317

CourtDistrict Court of Appeal of Florida

DecidedJuly 16, 1991

DocketNo. 90-2199

StatusPublished

Cited by1 cases

This text of 582 So. 2d 769 (State Department of Transportation v. Cardenal) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State Department of Transportation v. Cardenal, 582 So. 2d 769, 1991 Fla. App. LEXIS 7185, 1991 WL 128317 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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582 So. 2d 769, 1991 Fla. App. LEXIS 7185, 1991 WL 128317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-transportation-v-cardenal-fladistctapp-1991.

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