Rodriguez V. Wilmington Savings Fund Society, FSB, Case No. 4D18-310 (Fla. 4th DCA 2018).
A voluntary dismissal by a lender plaintiff renders the holding of Nationstar Mortg. LLC v. Glass, 219 So. 3d896, 899 (Fla. 4th DCA 2017), review granted, Glass v. Nationstar Mortg.,LLC, 2018 WL 2069328 (Fla. Feb. 13, 2018), inapplicable and subjects the dismissing plaintiff to a claim for attorney’s fees from the borrower.
CB Contractors, LLC v. Allens Steel Products, Inc., Case No. 5D17-1384, 5D17-1606, and 5D17-2129 (Fla. 5th DCA 2018).
The following indemnification provision is in violation of Florida Statute section 726.06 and accordingly the “self-indemnification” is void:
- Indemnity as to Liabilities. [Appellant] and the Ownershall not be liable or responsible for, and shall be saved andheld harmless by [Appellees] from and against any and allsuits, actions, losses, damages, claims, or liability of anycharacter, type or description, including all expenses oflitigation, court costs, and attorney fees arising out of, relatedto, directly or indirectly, the performance of the Subcontractor.Subcontractor’s indemnity obligations hereunder shallapply regardless of whether or not the claims, damages,losses, and expenses or causes of action are caused inpart by a party indemnified hereunder and regardless ofwhether or not the claim relates to a claim under the worker’scompensation policy of Subcontractor. Such obligations toindemnify shall not be construed to negate, abridge, orotherwise reduce any other right or obligation ofindemnification which would otherwise exist as to any party orperson in any other portion of this Subcontract under law.