RICHARD L. ASHVILLE, APPELLANT,
v.
SUPER CONCRETE, INC., A FLORIDA CORPORATION, AND JOEL WAYNE CROSBY, APPELLEES

Fla. 2d DCA | 1964-02-12
No. 4080
ALLEN, Acting C. J., SHANNON, J., and REVELS, P. B., Associate Judge, concur.
161 So. 2d 235 Florida District Court of Appeal, Second District (1964) Caution
Cited by 40 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, who was plaintiff below, appeals from a final judgment in which a jury decided in favor of the defendant-ap-pellees.

We have read the briefs of the parties and the testimony adduced below and con-elude that no reversible error is shown in the record.

Affirmed.

ALLEN, Acting C. J., SHANNON, J., and REVELS, P. B., Associate Judge, concur.


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  • …The question of Spitzer’s personal liability, or that of her insurer, has not been raised before us. In Hertz, the driver-employee’s insurance company paid its full policy amount to Hertz as indemnification. . See Morse Auto Rentals, Inc. v. Lewis, 161 So. 2d 235 (Fla.3d DCA 1964). . At least one of the three dissenting justices considered the procedural difference between Roth and Susco Car Rental System of Florida v. Leonard, 112 So. 2d 832 (Fla.1959), to be a bar to the Court’s authority to review the di…
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    …gligence and to pay the principal for said insurance. It would appear inconsistent that the contractor would be required to both secure insurance and be liable under a general indemnification covenant. See: Morse Auto Rentals v. Lewis, Fla.App.1964, 161 So. 2d 235. Therefore, for the reasons above expressed finding that the partial summary judgment was improperly entered, the final judgment is hereby reversed with directions to the trial court, upon remand, to enter a final summary judgment in favor of the a…
  • …allocated as premium. Further [*6] more, Old Republic Insurance Company would not have had any right of indemnity from Plax, as an insured protected by its policy, even though he was the tort-feasor. Morse Auto Rentals, Inc. v. Lewis, Fla.App.1964, 161 So. 2d 235. We conclude Roth, as Plax’s permittee, was similarly protected by the Old Republic policy due to legal principles implicit in Susco, as we will hereinafter explain. The relevant provision in the Old Republic Insurance policy reads in part as follo…
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