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ASS'N FOR RETARDED CITIZENS v. STATE, DHRS

No. 92-1469.

619 So.2d 452 (1993)

ASSOCIATION FOR RETARDED CITIZENS, DADE COUNTY, INC., Appellant, v. The STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 13, 1993.

Attorney(s) appearing for the Case

Kubicki, Draper, Gallagher & McGrane and Betsy E. Gallagher and Gail Leverett, Miami, for appellant.

Cohen, Berke, Bernstein, Brodie, Kondell & Laszlo and Jeffrey Michael Cohen and John C. Hanson, Miami, for appellee.

Before NESBITT, JORGENSON and LEVY, JJ.

LEVY, Judge.

An indemnitor appeals entry of summary judgment requiring contractual indemnification of its indemnitee for a settlement between the indemnitee and the plaintiffs in a personal injury action. Based upon our finding that a genuine issue of material fact exists with respect to the terms of the settlement between the indemnitee and the plaintiffs, we reverse and remand.

The Association for Retarded Citizens, Dade County, Inc. [hereafter "ARC"] operates...

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