Alonzo Cothron, Inc. v. Upper Keys Marine Construction, Inc.

We reverse the summary judgment entered by the trial court in favor of appellee, Upper Keys Marine Construction, Inc. [Upper Keys]. We find error in the trial court’s application of section 725.06, Florida Statutes (1977), as the ground for denying appellant Alonzo Cothron, Inc. [Coth-ron] indemnification from Upper Keys for attorney’s fees and costs advanced by Cothron in a wrongful death action against Upper Keys, Cothron, and others.

Section 725.06 does not govern the circumstances of the case under consideration. Section 725.06 would apply if Coth-*137ron sought indemnification from Upper Keys…