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Cuhaci & Peterson Architects, Inc. v. Huber Construction Co.

Citations: 516 So. 2d 1096; 12 Fla. L. Weekly 2914; 1987 Fla. App. LEXIS 11559; 1987 WL 2774Docket: No. 87-501

Court: District Court of Appeal of Florida; December 16, 1987; Florida; State Appellate Court

Narrative Opinion Summary

In this appellate case, Cuhaci Peterson Architects, Inc. challenged a summary judgment that favored Huber Construction Company. The litigation arose from the death of Johnny Roberts at a construction site, where Cuhaci had designed the construction plans and Huber handled the construction. Shirley Roberts, representing the decedent's estate, filed suit against both entities, resulting in a favorable judgment for them. Cuhaci, defended by Vanguard Insurance Company under a professional liability policy, sought indemnification from Huber based on a contractual indemnity clause. The trial court found the clause void under Florida Statutes section 725.06, which restricts indemnification for a party's own negligence barring specific exceptions. On appeal, the court determined that Cuhaci's claim was for attorney's fees unrelated to its own negligence, rendering section 725.06 inapplicable. Consequently, the appellate court reversed the summary judgment favoring Huber and remanded the case. The matter of res judicata, although argued by Huber, remains unresolved and subject to further trial court proceedings. This decision delineates the applicability of section 725.06 to indemnity agreements not involving a party's own active negligence.

Legal Issues Addressed

Application of Section 725.06 to Indemnity Claims

Application: Cuhaci's indemnity claim was for attorney's fees and did not involve its own negligence, making section 725.06 inapplicable.

Reasoning: Cuhaci contended that its indemnity claim did not involve its own negligence, thus arguing that section 725.06 should not apply. The court agreed with Cuhaci, referencing a precedent that section 725.06 is relevant only when a party seeks indemnification for its own active negligence.

Indemnification Under Florida Statutes Section 725.06

Application: The court addressed whether an indemnification clause is void under section 725.06, which prohibits indemnification for a party's own negligence unless specific exceptions are met.

Reasoning: The trial court ruled in Huber’s favor, declaring the indemnification clause void under Florida Statutes section 725.06, which prohibits indemnification agreements that absolve a party from liability for damages resulting from their own negligence unless specific conditions are met.

Res Judicata Consideration in Indemnification Disputes

Application: The issue of res judicata, although raised by Huber, was not decided by the trial court and remains available for further determination.

Reasoning: Additionally, while Huber raised the issue of res judicata, it was not the basis for the trial court's ruling and will remain available for determination by the trial court.