BALBOA INSURANCE COMPANY v. WEBSTER

No. 83-1487.

447 So.2d 992 (1984)

BALBOA INSURANCE COMPANY, Appellant, v. Jerry WEBSTER and Bernette Webster, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 23, 1984.


Attorney(s) appearing for the Case

Lawrence, Griffin & Landis and Donald E. Grincewicz, Orlando, for appellant.

David H. Zoberg and Howard B. Emory, Miami, for appellees.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.


PER CURIAM.

The surety of a used auto sales corporation appeals from a trial court order granting with prejudice the defendant's motion to dismiss the surety's complaint for indemnification. For the reasons which follow we reverse and remand for further proceedings.

As a condition to obtaining a statutorily required surety bond pursuant to section 320.27(10), Florida Statutes (1973), Jerry-Webster and his wife, Bernette, entered into an indemnification agreement...

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