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KONE, INC. v. ROBINSON

No. 1D05-3988.

937 So.2d 238 (2006)

KONE, INC., f/k/a Montgomery Kone, Inc., Appellant, v. Angela ROBINSON and Humana Medical Plan, Inc., Appellees.

District Court of Appeal of Florida, First District.

September 5, 2006.

Attorney(s) appearing for the Case

Susan S. Oosting, Michael Fox Orr and Charles W. Dorman of Marshall, Dennehey, Warner, Coleman, & Goggin, Jacksonville, for Appellant.

David C. Reeves and J.W. Prichard, Jr. of Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, for Appellees.

KAHN, C.J.

Kone, Inc. (Kone) appeals the trial court's order dismissing its two-count third-party complaint for indemnity against appellee Humana Medical Plan, Inc. (Humana). The trial court dismissed both counts of the complaint, finding Humana was not a party to the relevant contract. In the alternative, and assuming Humana's status as a party to the contract, the trial court found, as to Count I, the contractual indemnification clause unenforceable due to Kone...

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