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IN THE .C`IRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR ST. LUCIE
COUNTY .
CASE NO.: 77-92 - CA
OMA JAMES, et ux. ,
Plaintiffs "
vs. _ ORDER ON RITECO'S MOTION
DEVITT ADAMS, AMERICAN FOR EVIDENTIARY HEARING ON
EMPLOYERS INSURANCE COMPANY,
and RITECO DEVELOPMENT INDEMNIFICATION
CORPORATION, a Florida -
corporation,
"
Defendants
4.
THIS CAUSE came on to be heard before the Court on the Motion ~
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of RITECO DEVELOPMENT CORPORATION for Order setting Hearing on its
indemnification claim against DEVITT ADAMS and AMERICAN EMPLOYERS
INSURANCE COMPANY. Previously, the Defendant, RITECO DEVELOPMENT
CORPORATION had received a directed verdict in its favor against
the Plaintiffs herein. Similarly, the Defendants, DEVITT ADAMS and
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AMERICAN EMPLOYERS INSURANCE COMPANY, found not guilty by a jury
verdict as to the Plaintiffs' claim against them herein. ?
At the Hearing on this Motion, the Lease in question was reviewed ~
by the Court upon Stipulation and agreement by the parties. It was
further agreed that said Lease was prepared by RITECO DEVELOPMENT-
CORPORATION. The Court notes that the written Lease expired prior
to the date of the occurrence herein which was January 6, 1977.
Counsel for RITECO argued that it should be allowed to present
evidence which would show that DEVITT ADAMS was a "hold-over tenant"
under such Lease. Counsel for ADAt4S and AMERICAN EMPLOYERS .INSURANCE _
COMPANY argued that the "not guilty" verdict in favor of the Defen-
dants was dispositive of RITECO's claim for indemnity. He further
- argued that the lease, by its very terms and conditions, exempted ~
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ADAMS from liability and that, at the very least, the Lease was
unclear. The Court finds the following language in the Lease to be
significant:
The Lessee agrees to pay all damages to pe rsons
or property caused by the Lessee, his guests,
i nvi tees , agents,, or employees , and hold the
Lessor harmless from any suits for damages to
persons or property caused by the Lessee, his
guests , i nvi tees , agents , or employees .
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