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PENSACOLA CONCRETE CONSTRUCTION CO., INC. v. COMMERCIAL COATINGS OF NORTHWEST FLA., INC.

No. 91-1170.

595 So.2d 145 (1992)

PENSACOLA CONCRETE CONSTRUCTION COMPANY, INC., Appellant, v. COMMERCIAL COATINGS OF NORTHWEST FLORIDA, INC., Appellee.

District Court of Appeal of Florida, First District.

February 19, 1992.

Attorney(s) appearing for the Case

Kathryn E. Errington of Harrell, Wiltshire, Swearingen, Wilson & Harrell, Pensacola, for appellant.

Larry Hill of Moore, Hill & Westmoreland, Pensacola, for appellee.

PER CURIAM.

Appellant (plaintiff in an indemnity suit) contends that the trial court erred in granting summary judgment for the defendant in reliance on Halifax Paving, Inc. v. Scott & Jobalia Construction Company, Inc., 565 So.2d 1346 (Fla. 1990), which was decided after the suit was filed. We agree, but certify the question to the supreme court.

This is the third time this case has been before this court. Frank...

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