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Hiller Group, Inc. v. Redwing Carriers, Inc.

Citations: 779 So. 2d 602; 2001 Fla. App. LEXIS 2085; 2001 WL 194050Docket: 2D99-4369

Court: District Court of Appeal of Florida; February 27, 2001; Florida; State Appellate Court

Narrative Opinion Summary

In a case concerning indemnification for attorney's fees, The Hiller Group, Inc. appealed a summary judgment favoring Redwing Carriers, Inc. The dispute arose from contaminated fuel sold by Stump Pass Marina, which was traced back to a Redwing employee's error. The marina filed claims against Redwing for negligence and against Hiller for breach of warranty, breach of contract, and indemnification. Hiller, in turn, cross-complained against Redwing for indemnification and contribution. Despite Redwing settling all claims, Hiller persisted in seeking attorney's fees. The trial court granted Redwing's motion for summary judgment, citing no written contract or legal basis for attorney's fees. However, the appellate court reversed this decision, recognizing that under Florida law, indemnity permits reimbursement when liability arises from another's negligence. The court remanded the case, instructing a lower court hearing to determine reasonable attorney's fees for Hiller. Judges Green and Stringer concurred with this reversal, emphasizing the erroneous nature of the initial judgment against Hiller's claims.

Legal Issues Addressed

Indemnification for Attorney's Fees

Application: The court determined that Hiller was entitled to indemnification for attorney's fees as their liability arose solely from Redwing's negligent actions, despite the absence of a written contract.

Reasoning: Since Hiller's liability arose solely from Redwing's wrongful actions, the court concluded that Hiller was entitled to indemnification, including attorney's fees.

Indemnity Under Florida Law

Application: Hiller sought indemnity under Florida law, which allows a party who fulfills a duty owed by another to seek reimbursement, especially when liability is due to another's negligence.

Reasoning: Under Florida law, indemnity allows a party who fulfills a duty owed by another to seek reimbursement, particularly when the indemnified party (Hiller) was exposed to liability due to the negligent actions of a third party (Redwing).

Summary Judgment in Indemnification Claims

Application: The appellate court found that the trial court erred in granting summary judgment to Redwing, thus reversing the decision and remanding the case for further proceedings to determine the appropriate attorney's fees.

Reasoning: The appellate court found that the trial court erred in granting summary judgment to Redwing and reversed the decision, remanding the case with instructions for the trial judge to award reasonable attorney's fees to Hiller after a hearing.