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MARTIN COUNTY v. MOBIL CORP.

No. 87-0002.

513 So.2d 243 (1987)

MARTIN COUNTY, Appellant, v. MOBIL CORPORATION and Sailfish Point, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 23, 1987.

Attorney(s) appearing for the Case

Clinton W. Lanier, of Moss, Henderson & Lloyd, P.A., Vero Beach, for appellant.

Elizabeth Koebel Clarke, of Anderson, Moss, Russo, Gievers & Cohen, P.A., and Daniels & Hicks, P.A., Miami, for appellees.

PER CURIAM.

Genuine issues of material fact exist as to appellant's negligence, if any. We reject appellees' argument that appellant's settlement with the plaintiff in the underlying action foreclosed its claim for indemnity. The district court rejected a similar argument in Mortgage Guarantee Insurance Corporation v. Stewart, 427 So.2d 776 (Fla. 3d DCA 1983):

Moreover, the settlement here could not, as urged, constitute...

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