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KUHNS v. KOOB

No. 80-2152.

408 So.2d 796 (1982)

Eldon E. KUHNS and W. Scane Bowler, Appellants/Cross-Appellees, v. Harold E. KOOB and Ruth Koob, His Wife, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

January 15, 1982.

Attorney(s) appearing for the Case

John S. Wagstaff of Phillips, McFarland, Gould & Wagstaff, P.A., Clearwater, for appellants/cross-appellees.

Stephen D. Hughes, Largo, for appellees/cross-appellants.

PER CURIAM.

We affirm on all counts except the denial of attorneys' fees to Koob for defending the indemnity agreement. The general rule is that an indemnitee is entitled to recover reasonable attorneys' fees as part of its damages. Morse Auto Rentals, Inc. v. Dunes Enterprises, Inc., 198 So.2d 652 (Fla.3d DCA 1967).

Accordingly, we REMAND to the trial court for this determination.

OTT, A.C.J., and CAMPBELL...

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