Jupiter Inlet Corp. v. Brocard

ON REHEARING

HERSEY, Chief Judge.

Norm Burg Construction Corp. moved to be dismissed from this appeal. We originally granted that motion, and the matter is before us again on rehearing.

This was an action for damages for negligence against Jupiter Inlet Limited Partnership and Burg. Jupiter filed a cross-claim against Burg relying upon either (1) common-law indemnity or (2) contractual indemnity. The claim for contractual indemnity was severed, and the issues of negligence and common-law liability went to the jury. A verdict was returned for the plaintiff and against Jupiter on the negligence…