STATE DOT v. CARDENAL

No. 90-2199.

582 So.2d 769 (1991)

STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. Caroline L. CARDENAL, Etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 13, 1991.


Attorney(s) appearing for the Case

Thornton J. Williams, Tallahassee, and Thomas F. Capshew, Sarasota for appellant.

Magill & Lewis and R. Fred Lewis, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.


PER CURIAM.

Contrary to the ruling below, we conclude that the indemnification provision in question required the appellee P.J. Constructors, Inc. to defend the appellant DOT in the action asserted against, among others, both of them. See Metropolitan Dade County v. Florida Aviation Fueling Co., 578 So.2d 296 (Fla. 3d DCA 1991), and cases cited; R.C.A. Corp. v. Pennwalt Corp., 577 So.2d 620...

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