Legal Opinion

Capitol Environmental Services, Inc. v. Earth Tech, Inc.

District Court of Appeal of Florida

Decided November 30, 2009No. 1D08-3016PublishedCited by 38 opinions

1Opinion of the CourtWetherell, J.

Capitol Environmental Services, Inc. (CES), appeals a final judgment awarding $630,399.74 to Earth Tech, Inc., for breach of contract. CES raises four issues on appeal: 1) whether the trial court erred in denying its motion for summary judgment on Earth Tech’s breach of contract claim; 2) whether the trial court erred in denying its motion for summary judgment on Earth Tech’s contractual indemnity claim; 3) whether the trial court erred in refusing to set the indemnity claim for trial; and 4) whether the trial court erred in allowing the jury to award attorney’s fees and costs incurred by…

2Cases cited8 opinions

  1. Argonaut Ins. Co. v. May Plumbing Co.Supreme Court of Florida · 1985
  2. Mnemonics, Inc. v. Max Davis Associates, Inc.District Court of Appeal of Florida · 2002
  3. Fla. E. Coast Railway Co. v. Beaver St Fisheries, Inc.District Court of Appeal of Florida · 1989
  4. Hobbley v. Sears, Roebuck & Co.District Court of Appeal of Florida · 1984
  5. H & S CORP. v. US Fidelity & Guar. Co.District Court of Appeal of Florida · 1995

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3Cited by38 opinions

  1. Jean Resnick v. AvMed, Inc.Court of Appeals for the Eleventh Circuit · 2012
  2. Lindon v. Dalton Hotel Corp.District Court of Appeal of Florida · 2010
  3. In re Standard Jury Instructions—Contract & Business CasesSupreme Court of Florida · 2013
  4. School Board of Broward County v. Pierce Goodwin Alexander & LinvilleDistrict Court of Appeal of Florida · 2014
  5. SP Healthcase Holdings, LLC v. Surgery Center Holdings, LLCDistrict Court of Appeal of Florida · 2016

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