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WESTINGHOUSE ELECTRIC CORP. v. DADE

No. 84-2648.

472 So.2d 866 (1985)

WESTINGHOUSE ELECTRIC CORPORATION, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida d/b/a Miami Aviation Authority, Appellee.

District Court of Appeal of Florida, Third District.

July 16, 1985.

Attorney(s) appearing for the Case

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, Miami, and B. Richard Young, for appellant.

Richard R. McCormack, Miami, for appellee.

Before HUBBART, BASKIN and FERGUSON, JJ.

PER CURIAM.

The final order awarding attorney's fees on a contractual indemnity theory is reversed and the cause is remanded for further proceedings upon a holding that: (a) the subject contract of indemnity must be construed to allow an award of attorney's fees for the claimant Dade County in defending the prior action herein unless the fees were incurred in defending a claim based on its own negligence, Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental...

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