OLNICK v. ROBERT MYERS PAINTING, INC.

No. 78-1989.

384 So.2d 54 (1980)

Robert S. OLNICK, Sylvia Olnick, Leonard Steiner, Leonard Boxer, Individually and As General Partners, D/B/a Fairways of Inverrary Associates, Appellants, v. ROBERT MYERS PAINTING, INC., Snead Construction Corporation, Lawrence-Irwin Chartered Architects and the Stuyvesant Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

June 4, 1980.


Attorney(s) appearing for the Case

Chad P. Pugatch of Houston, Faircloth, Cooper, Easthope & Kelley, Fort Lauderdale, for appellants.

Michael L. Berry of Rentz & Haggard, P.A., Miami, and L. Edward McClellan, Jr. of Pattillo, MacKay & McKeever, P.A., Ocala, for appellees, Lawrence-Irwin Chartered Architects and Stuyvesant Ins. Co.


PER CURIAM.

We reverse the Summary Final Judgment rendered in favor of third-party defendants, appellees here.

In order for appellant to prevail on his indemnity claim the pleadings must allege and the proof must support the fact that appellant's liability, if any, would be solely vicarious, constructive, derivative, or technical, and based upon the actual wrongdoing or breach of contract of appellees. Houdaille Industries, Inc. v. Edwards, ...

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