JULIO VIYELLA, SYLVIA VIYELLA, GLOBAL INTERNATIONAL UNDERWRITERS, INC., GLOBAL INTERNATIONAL DEVELOPMENT, INC., AND ROYAL INTERNATIONAL UNDERWRITERS, INC., APPELLANTS,
v.
JOSE A. PINA, JR., APPELLEE
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PER CURIAM.
Affirmed. American Home Assurance Company v. City of Opa Locka, 368 So. 2d 416 (Fla. 3d DCA 1979).
SCHWARTZ, Judge
(dissenting).
Since, contrary to the evident conclusion of the majority, I do not believe that, fairly read, the indemnity agreement sued upon provides for the recovery of attorney’s fees for the maintenance of the indemnity action itself,11 would reverse the order below, which allowed those fees, on the authority of American Home Assurance Co. v. City of Opa Locka, 368 So. 2d 416 (Fla. 3d DCA 1979).
. The appellant agreed to
indemnify and hold [PINA] harmless from any and all manner of claims, demands, judgments, actions, liabilities, responsibilities and obligations of every nature and wherever situate, direct or indirect, by way of guarantee or joint contribution as a joint debtor, matured or unmatured, liquidated or unliquidat-ed, including but not limited to litigation costs and attorney’s fees, which [PINA] now [has], ever had, or may hereafter have, to any person, partnership, corporation, estate, trust or any other entity arising directly or indirectly out of or in connection with [PINA’S] business dealings with any one or more of the undersigned parties, as shareholder, agent, representative, officer, director, or in any other capacity.. . .
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Countrywide Home Loans, Inc. v. Sotern, 46 So. 3d 618 (Fla. 2d DCA 2010)…t in the property by virtue of her possession of it. The trial court’s ruling was incorrect because actual notice is required under these circumstances. See Reasoner v. Fisikelli, 114 Fla. 102, 153 So. 98 (1934); Am. Metro. Mortg., Inc. v. Maricone, 423 So. 2d 396 (Fla. 2d DCA 1982); Roberts v. Bass, 111 So. 2d 455 (Fla. 1st DCA 1959). Maricone is directly on point. Maricone deeded her home to Van Kirk, in whom she placed considerable trust, in order to arrange loans to invest in Van Kirk’s business. Van Kir…
Authorities Cited
- Am. Home Assurance Co. v. City OF OPA Locka, 368 So. 2d 416 (Fla. 3d DCA 1979)