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VIYELLA v. PINA

No. 82-951.

423 So.2d 396 (1982)

Julio VIYELLA, Sylvia Viyella, Global International Underwriters, Inc., Global International Development, Inc., and Royal International Underwriters, Inc., Appellants, v. Jose A. PINA, Jr., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 7, 1983.

Attorney(s) appearing for the Case

Gerald E. Rosser, Miami, for appellants.

Neil J. Berman and Kenneth M. Swartz, Miami, for appellee.

Before SCHWARTZ, NESBITT and FERGUSON, JJ.

PER CURIAM.

Affirmed. American Home Assurance Company v. City of Opa Locka, 368 So.2d 416 (Fla. 3d DCA 1979).

SCHWARTZ, Judge (dissenting).

Since, contrary to the evident conclusion of the majority, I do not believe that, fairly read, the indemnity agreement sued upon provides for the recovery of attorney's fees for the maintenance of the indemnity action itself,1 I would reverse...

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