MITCHELL BROS., INC. v. WESTFIELD INS. CO.

No. 1D08-5559.

24 So.3d 1269 (2009)

MITCHELL BROTHERS, INC., Edward Mitchell, Jr., and Roberta Mitchell, Appellants, v. WESTFIELD INSURANCE COMPANY and State of Florida, Department of Transportation, Appellees.

District Court of Appeal of Florida, First District.

December 31, 2009.


Attorney(s) appearing for the Case

Thomas J. Guilday and Christina L. Scaringe, Guilday, Tucker, Schwartz & Simpson, P.A., Tallahassee, for Appellants.

Bruce Charles King and Lindsay Erin Levin, Carlton Fields, P.A., Miami, for Appellees.


PER CURIAM.

The appellants appeal the trial court's entry of summary judgment in favor of the appellee/surety as to liability based on an indemnity agreement and which awarded the appellee more than three million dollars in damages. We affirm, without further discussion, the summary judgment granted in favor of appellee as to its entitlement to indemnification. However, for the reasons discussed below, we reverse and remand for further proceedings to determine damages...

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