FINN v. LEE COUNTY

Nos. 84-2728, 85-473.

479 So.2d 246 (1985)

James E. FINN, Paul T. Heineman, Gerald F. Fox, Browning Crow, Charles T. Henningan, Edgar B. Johnson, Daniel J. Watkins, Daniel J. Spigai, John L. Cotton, Francis X. Hall, Robert S. Coma, Donald A. Dupies, William Love, William Meredith, Robert D. Miller and James L. Tuttle, Jr., Individually and As Partners Doing Business As Howard, Needles, Tammen & Bergendoff, a Partnership, Appellants, v. LEE COUNTY, Florida, et al., Appellees. PHILLIPS & JORDAN, INC., and St. Paul Fire and Marine Insurance Company, Appellants, v. LEE COUNTY, Florida, et al., Appellees.

District Court of Appeal of Florida, Second District.

December 4, 1985.


Attorney(s) appearing for the Case

Peterson & Fogarty, P.A., West Palm Beach, and Steven R. Berger, Miami, for appellants Finn, et al.

Robert O. Fleming, Jr., of Smith & Fleming, Atlanta, and Charles P. Schropp and Raymond T. Elligett, Jr., of Shackleford, Farrior, Stallings & Evans, P.A. Tampa, for appellants Phillips & Jordan, Inc., et al.

A. Broaddus Livingston of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellee Lee County, Florida.


DANAHY, Judge.

The appellants (HN and Phillips & Jordan) bring this appeal from a partial summary judgment determining them to be liable in indemnity to appellee (Lee County) for damages recoverable against Lee County by Macasphalt, Inc. We reverse.

This litigation arises from the construction of an airport by Lee County which was partially funded by a grant from the Federal Aviation Authority (FAA). The plaintiff, Macasphalt, had entered into a contract...

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