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HYSTER CO. v. DAVID

No. 92-618.

612 So.2d 678 (1993)

HYSTER COMPANY, a Nevada Corporation, Appellant, v. Fred DAVID, Jr., as Vice President of David Concrete Products Company, Inc., Appellee.

District Court of Appeal of Florida, First District.

January 21, 1993.

Attorney(s) appearing for the Case

Charles C. Howell, III, and Michael S. O'Neal of Foley & Lardner, Jacksonville, for appellant.

Timothy W. Volpe and Amy E. Burch of Smith, Hulsey & Busey, Jacksonville, for appellee.

WEBSTER, Judge.

Hyster Company (Hyster) appeals a final judgment dismissing its action seeking contribution from Fred David, Jr. (David). Dismissal was based upon the trial court's conclusion that, at the time Hyster settled with the injured party, David was immune from liability to either Hyster or the injured party and, therefore, Hyster was not entitled to contribution from David. We affirm.

The relevant facts are not in dispute. In December 1986, Charlie...

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