F & R Builders v. Lowell Dunn Co., No. 77-2467

CourtCourt of Appeal of Florida (US)
Writing for the CourtBARKDULL; KEHOE
Citation364 So.2d 826
Decision Date21 November 1978
Docket NumberNo. 77-2467
PartiesF & R BUILDERS, Lennar Corporation and Travelers Indemnity Company, Appellants, v. The LOWELL DUNN COMPANY and Liberty Mutual Insurance Company, Appellees.

Page 826

364 So.2d 826
F & R BUILDERS, Lennar Corporation and Travelers Indemnity Company, Appellants,
v.
The LOWELL DUNN COMPANY and Liberty Mutual Insurance Company, Appellees.
No. 77-2467.
District Court of Appeal of Florida, Third District.
Nov. 21, 1978.
Rehearing Denied Dec. 18, 1978.

Page 827

Knight, Peters, Pickle, Niemoeller & Flynn, Miami, and Richard G. Daniels, Coral Gables, for appellants.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James C. Blecke, Miami, for appellees.

Before BARKDULL, HUBBART and KEHOE, JJ.

BARKDULL, Judge.

F & R Builders, Lennar Corporation, and Travelers Indemnity (third party plaintiffs in the trial court), seek review of a summary final judgment entered in favor of the Lowell Dunn Company and Liberty Mutual Insurance Company, third party defendants in the trial court.

The facts giving rise to the instant case are as follows: F & R Builders was building a shopping center on Marlin Road near U. S. Highway # 1. Other defendants in the trial court (not a party herein) were building a gasoline station in the vicinity. Dunn entered into a contract with F & R to pave the parking lot of the shopping center. Dunn also agreed as to some extras on an equipment rental basis, which included finish grading of the limerock base in the median on Marlin Road. Dunn's written contract was completed March 10, 1972 and the extras on March 14, 1972. At that time inspection of the work revealed no noticeable defects in Marlin Road. Subsequent thereto, subcontractors building the gasoline station dug a ditch across Marlin Road to lay telephone wires and they paved a left-turn lane in Marlin Road. Dunn did no work in this area, nor did it have any of its equipment in the area. Thereafter, the exact time being unknown, a pothole appeared in Marlin Road near the area where the telephone lines were laid and the paving of the left-turn lane. The original plaintiffs, while driving on Marlin Road, struck this pothole, lost control of their vehicle, resulting in an accident wherein they received severe injuries.

The original plaintiffs filed suit against the appellants herein, the appellees and several others. As that cause progressed, the appellees herein, along with some others, were voluntarily dismissed as party defendants. Thereupon, appellants herein filed a

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third party complaint, seeking indemnification from the appellees based on common law indemnification and/or an alleged oral agreement of...

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4 practice notes
  • Biscayne Roofing Co. v. Palmetto Fairway Condominium Ass'n, Inc., No. 81-2611
    • United States
    • Court of Appeal of Florida (US)
    • August 10, 1982
    ...490 (Fla. 1979); Atlantic Coast Development Corp. v. Napoleon Steel Contractors, Inc., supra; see F & R Builders v. Lowell Dunn Co., 364 So.2d 826 (Fla. 3d DCA 1978), cert. denied, 372 So.2d 468 (Fla. With regard to the cross-appeal, we find error in the amount of attorney's fees awarded. U......
  • Noack v. B. L. Watters, Inc., No. 81-722
    • United States
    • Court of Appeal of Florida (US)
    • March 17, 1982
    ...relation and relies on cases such as Harvey Building Inc. v. Haley, 175 So.2d 780 (Fla.1965) and F & R Builders v. Lowell Dunn, 364 So.2d 826 (Fla. 3d DCA 1978). In Harvey, the court held that where a motion for summary judgment is supported by evidence which reveals no genuine issue of mat......
  • Safarik v. Garrison Bight Marina, Inc., No. 88-1674
    • United States
    • Court of Appeal of Florida (US)
    • December 27, 1988
    ...920 (Fla. 3d DCA 1988); Clark v. Boeing Company, 395 So.2d 1226 (Fla. 3d DCA 1981); F. & R. Builders v. Lowell Page 1254 Dunn Company, 364 So.2d 826 (Fla. 3d DCA...
  • F & R Builders v. Lowell Dunn Co.
    • United States
    • United States State Supreme Court of Florida
    • May 31, 1979
    ...468 372 So.2d 468 F & R Builders v. Lowell Dunn Co. NO. 55955 Supreme Court of Florida. May 31, 1979 Appeal From: 3d DCA, 364 So.2d 826 Disposition: Cert....
4 cases
  • Biscayne Roofing Co. v. Palmetto Fairway Condominium Ass'n, Inc., No. 81-2611
    • United States
    • Court of Appeal of Florida (US)
    • August 10, 1982
    ...490 (Fla. 1979); Atlantic Coast Development Corp. v. Napoleon Steel Contractors, Inc., supra; see F & R Builders v. Lowell Dunn Co., 364 So.2d 826 (Fla. 3d DCA 1978), cert. denied, 372 So.2d 468 (Fla. With regard to the cross-appeal, we find error in the amount of attorney's fees awarded. U......
  • Noack v. B. L. Watters, Inc., No. 81-722
    • United States
    • Court of Appeal of Florida (US)
    • March 17, 1982
    ...relation and relies on cases such as Harvey Building Inc. v. Haley, 175 So.2d 780 (Fla.1965) and F & R Builders v. Lowell Dunn, 364 So.2d 826 (Fla. 3d DCA 1978). In Harvey, the court held that where a motion for summary judgment is supported by evidence which reveals no genuine issue of mat......
  • Safarik v. Garrison Bight Marina, Inc., No. 88-1674
    • United States
    • Court of Appeal of Florida (US)
    • December 27, 1988
    ...920 (Fla. 3d DCA 1988); Clark v. Boeing Company, 395 So.2d 1226 (Fla. 3d DCA 1981); F. & R. Builders v. Lowell Page 1254 Dunn Company, 364 So.2d 826 (Fla. 3d DCA...
  • F & R Builders v. Lowell Dunn Co.
    • United States
    • United States State Supreme Court of Florida
    • May 31, 1979
    ...468 372 So.2d 468 F & R Builders v. Lowell Dunn Co. NO. 55955 Supreme Court of Florida. May 31, 1979 Appeal From: 3d DCA, 364 So.2d 826 Disposition: Cert....

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