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DEPARTMENT OF TRANSP. v. CSX TRANSP., INC.

No. 2D12-1097.

128 So.3d 209 (2013)

DEPARTMENT OF TRANSPORTATION, Appellant, v. CSX TRANSPORTATION, INC., Appellee.

District Court of Appeal of Florida, Second District.

December 11, 2013.

Attorney(s) appearing for the Case

Marc A. Peoples , Assistant General Counsel, Department of Transportation, Tallahassee, for Appellant.

Jose A. Gutierrez , Daniel J. Fleming , Payone V. Puksahome of Melkus, Fleming & Gutierrez, P.L., Tampa, for Appellee.

ALTENBERND, Judge.

The Department of Transportation (DOT) appeals a judgment that awarded $502,462.22 as indemnity to CSX Transportation. The judgment indemnified CSX for the amount of a settlement and related attorneys' fees paid by CSX to resolve a negligence action arising from an accident at a railroad crossing. DOT maintains that the indemnity clause, which was the sole consideration for a crossing agreement between...

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