RIVKIND, LEONARD, Associate Judge.
Appellant, City of Margate (City), files this appeal from an order dismissing with prejudice its third party action against appellees, Great Southwest Fire Insurance Company (Great Southwest) and National Casualty Insurance Company (National), for indemnity of legal fees owed to a former city commissioner, Jack Tobin (Tobin). On the authority of Lomelo v. City of Sunrise,
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