MITSUBISHI INTERNATIONAL CORP., A FOREIGN CORP., APPELLANT,

v.

ZAYRE CORP., A FOREIGN CORP., AND AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, A FOREIGN CORP., APPELLEES

Citator

Cited By

• REA v. Barton Protective Servs., Inc., 660 So. 2d 772 (Fla. 4th DCA 1995)
  …1 (Fla. 3d DCA 1977), involved a summary judgment in favor of third-party liability prior to the determination of what was the nature of liability of the defendant pursuant to the original claim. Mitsubishi International Corp. v. Zayre [*775] Corp., 479 So. 2d 877 (Fla. 3d DCA 1985), contains insufficient facts to be relied on as precedent for reversal in this case. I would reverse the granting of summary judgment on the claim for contribution. In all other respects, I would affirm.…

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• Amisub OF Fla., Inc. v. Derrell O. Billington, D.O., 560 So. 2d 1271 (Fla. 3d DCA 1990)
  …manufacturer has a duty, absent an express contract, to insulate its retailers from unproven claims of dissatisfied customers. Accord Estate of Covington v. Young, 521 So. 2d 360 (Fla. 5th DCA 1988); see also Mitsubishi Int’l Corp. v. Zayre Corp., 479 So. 2d 877 (Fla.3d DCA 1985). In the precise situation presented here, moreover, the cases elsewhere almost unanimously provide that, as the lower court held, there is no indemnity claim for fees and costs when both the active alleged tortfeasor and the allege…
• Joint Med. Prods. Corp. v. NME Hosps., Inc., 610 So. 2d 675 (Fla. 2d DCA 1992)
  …attorney’s fees and costs the hospital might have been required to expend does not extend to require Medical Products to do so prior to a determination that Medical Products was at fault. Maple Chair. See also Mitsubishi Int’l Corp. v. Zayre Corp., 479 So. 2d 877 (Fla. 3d DCA1985); Jerome Nagelbush, Inc. v. [*677] Frank J. Rooney, Inc., 342 So. 2d 121 (Fla. 3d DCA1977). Therefore, even if we assume that the hospital could establish as a matter of law that it was necessary to prosecute its appeal after Medica…

Authorities Cited

• Mims Crane Serv., Inc. v. Insley Mfg. Corp., 226 So. 2d 836 (Fla. 2d DCA 1969)
• Jerome Nagelbush, Inc. v. Frank J. Rooney, Inc., 342 So. 2d 121 (Fla. 3d DCA 1977)