Olnick v. Robert Myers Painting, Inc.

We reverse the Summary Final Judgment rendered in favor of third-party defendants, appellees here.

In order for appellant to prevail on his indemnity claim the pleadings must allege and the proof must support the fact that appellant’s liability, if any, would be solely vicarious, constructive, derivative, or technical, and based upon the actual wrongdoing or breach of contract of appellees. Houdaille Industries, Inc. v. Edwards, 374 So.2d 490 (Fla.1979).

It seems to us the appellee’s position, simplistically stated, is that the allegations in the third-party complaint are insufficient to state…