STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
CAROLINE L. CARDENAL, ETC., ET AL., APPELLEES

Fla. 3d DCA | 1991-07-16
No. 90-2199
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
582 So. 2d 769 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Contrary to the ruling below, we conclude that the indemnification provision in question required the appellee P.J. Constructors, Inc. to defend the appellant DOT in the action asserted against, among others, both of them. See Metropolitan Dade County v. Florida Aviation Fueling Co., 578 So. 2d 296 (Fla. 3d DCA 1991), and cases cited; R.C.A. Corp. v. Pennwalt Corp., 577 So. 2d 620 (Fla. 3d DCA 1991). Accordingly, the judgment below is reversed and the cause remanded with directions to assess the amount of fees and expenses to be awarded in the appellant’s favor.


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  • Overbey v. Overbey, 698 So. 2d 811 (Fla. 1997)
    …todial parent to attend law school, with a consequent significant loss of income, did not constitute a valid basis for a downward modification of child support. The district court certified that its decision was in conflict with Milligan v. Addison, 582 So. 2d 769 (Fla. 3d DCA 1991). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed, we find that a downward modification of child support for education enhancement should be ordered only if the modification is found to be in the bes…
  • Sotnick v. Sotnick, 650 So. 2d 157 (Fla. 3d DCA 1995)
    …nt to warrant an increase in child support_”). The child support level in this case should have been based on the salary level the husband is currently receiving from the University of Miami Sylvester Center. See id,.; see also Milligan v. Addison, 582 So. 2d 769, 770 (Fla. 3d DCA 1991).3 The child support award is therefore reversed and remanded with directions to recalculate the child support amount based on the husband’s actual income, not the imputed income. Modification should be granted as the husband’…
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