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MIAMI INTERNATIONAL MERCHANDISE MART, INC. v. GENE SOMERS & ASSOCIATES, INC.

No. 86-287.

506 So.2d 54 (1987)

MIAMI INTERNATIONAL MERCHANDISE MART, INC., Appellant, v. GENE SOMERS & ASSOCIATES, INC., Appellee.

District Court of Appeal of Florida, Third District.

April 28, 1987.

Attorney(s) appearing for the Case

E. James Schmick, Miami, for appellant.

Ligman, Martin, Shiley, Neswiacheny & Evans and Gordon Evans, Coral Gables, for appellee.

Before BARKDULL, NESBITT, and PEARSON, DANIEL S., JJ.

PER CURIAM.

We reverse the trial court's order dismissing the third party complaint for contractual indemnity filed by Miami International Merchandise Mart, Inc. (MIMM) against Gene Somers & Associates, Inc. (GS & A), the injured plaintiff's employer. Section 440.11(1), Florida Statutes (1985) is unconstitutional to the extent that it operates to immunize an employer from liability to a third party where the employer contracted to indemnify the third party...

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