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BARTON-MALOW CO. v. GRUNAU CO.

No. 2D01-3347.

835 So.2d 1164 (2002)

BARTON-MALOW COMPANY, Appellant/Cross-Appellee, v. GRUNAU COMPANY, Western Waterproofing Company of America, M & J Materials, Construct Two, Universal Building Specialties, and Florida Sheet Metal, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 3, 2003.

Attorney(s) appearing for the Case

Gilbert E. Theissen and Mark R. Boyd of Heinrich Gordon Hargrove Weihe & James, P.A., Fort Lauderdale, for Appellant/Cross-Appellee.

Andrew F. Russo of Rywant, Alvarez, Jones, Russo & Guyton, P.A., Tampa, for Appellee/Cross-Appellant Grunau Company.

Richard M. Hanchett of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, for Appellee/Cross-Appellant Western Waterproofing Company of America.

Michael S. Rywant and Jill Emerson of Rywant, Alvarez, Jones, Russo & Guyton, P.A., Tampa, for Appellees/Cross-Appellants M & J Materials and Construct Two.

Jennifer G. Cooper of Gambrell & Stolz, LLP, Atlanta, Georgia, for Appellee/Cross-Appellant Universal Building Specialties.

Daniel F. Pilka of Pilka & Associates, P.A., Brandon, for Appellee/Cross-Appellant Florida Sheet Metal.

Joseph V. McNabb of Marlowe & McNabb, P.A., Tampa; and Donald W. Gregory and Kim H. Finley of Kegler, Brown, Hill & Ritter Co. LPA, Columbus, OH, for Amicus Curiae American Subcontractors Association.

SCHEB, JOHN M., Senior Judge.

Barton-Malow Company, a general contractor, appeals the final judgment awarding it a portion of its defense costs and attorneys' fees pursuant to the indemnity provision of its subcontract agreements with six of its subcontractors, who are the appellees here. Barton-Malow contends that the trial court erred by not awarding it the full amount of its defense costs and attorneys' fees. The six subcontractors cross-appeal, arguing that the...

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