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LINPRO FLORIDA INC. v. ALMANDINGER

No. 91-3307.

603 So.2d 666 (1992)

LINPRO FLORIDA INC., Appellant, v. Richard ALMANDINGER and Meisner Electric Inc. of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

August 12, 1992.

Attorney(s) appearing for the Case

C. Daniel Petrie, Jr., of Esler, Petrie & Salkin, P.A., Fort Lauderdale, for appellant.

Shirley Jean McEachern and Daniel M. Bacchi of Sellars, Supran, Cole, Marion & Espy, P.A., West Palm Beach, for appellee Meisner Electric.

FARMER, Judge.

We reverse to allow the defendant to plead a third party claim for both contractual and common law indemnity. The trial court dismissed appellant's third party claim seeking indemnification under all theories. While we agree with the trial court that Linpro's claim for indemnification under the release did not state a cause of action, we cannot agree that the contractual and common law indemnification theories were equally misplaced. Thus we reverse...

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