CASTLE CONST. CO. v. HUTTIG SASH & DOOR CO.

No. 81-2488.

425 So.2d 573 (1982)

CASTLE CONSTRUCTION COMPANY D/B/a Alabama Castle Construction Company, Inc., Appellant, v. HUTTIG SASH & DOOR COMPANY, Longardner & Associates of Florida, Inc., Fort Myers Roofing Company, and J. Foster Pate, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 21, 1983.


Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellant.

Dwight A. Whigham of Bigelow & Winesett, Fort Myers, for appellees Fort Myers Roofing Co. and J. Foster Pate.


SCHEB, Acting Chief Judge.

Appellant Castle Construction Company contends the trial court erred in (1) denying its third-party claim for indemnity while still holding it responsible for the damages resulting from the negligence of its subcontractor, Fort Myers Roofing Company, and (2) entering a partial summary judgment limiting the liability of J. Foster Pate as personal guarantor of its subcontractor's performance. We agree with appellant's first contention; we...

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