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WOODS OF SOMERSET v. DEV. SURETY AND INDEM.

Nos. WD 75533, WD 75534.

422 S.W.3d 330 (2013)

WOODS OF SOMERSET, LLC, et al., Respondent, v. DEVELOPERS SURETY AND INDEMNITY COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to the Supreme Court Denied October 29, 2013.

Application for Transfer Denied February 4, 2014.

Attorney(s) appearing for the Case

John W. Roe , for respondent.

Lawrence Lemer , Kansas City, for appellant.

Before Division I: VICTOR C. HOWARD, Presiding Judge, JOSEPH M. ELLIS, Judge and ANTHONY REX GABBERT, Judge.

VICTOR C. HOWARD, Judge.

This case arises from the cross-claims and third-party claims of Developers Surety and Indemnity Company ("DSI") against Daniel Waldberg, Brenda Waldberg, Barney Ashner, Marlene Ashner, and Woods of Somerset, LLC ("the Somerset defendants") relating to an indemnity agreement they signed to obtain a payment bond in connection with the development of a subdivision. The trial court entered judgment in favor of the Somerset defendants concluding...

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