T.C. Miller, Inc. v. Storer

District Court of Appeal of Florida

T.C. Miller, Inc. v. Storer

540 So. 2d 211, 14 Fla. L. Weekly 725, 1989 Fla. App. LEXIS 1453, 1989 WL 24750

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1989

DocketNo. 88-2458

StatusPublished

Cited by1 cases

This text of 540 So. 2d 211 (T.C. Miller, Inc. v. Storer) 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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T.C. Miller, Inc. v. Storer, 540 So. 2d 211, 14 Fla. L. Weekly 725, 1989 Fla. App. LEXIS 1453, 1989 WL 24750 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

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, De-Witt, 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.

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PER CURIAM.

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, De-Witt, 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.

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540 So. 2d 211, 14 Fla. L. Weekly 725, 1989 Fla. App. LEXIS 1453, 1989 WL 24750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tc-miller-inc-v-storer-fladistctapp-1989.

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