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The Lease seems to indicate that the damages must be caused by the
Lessee. More importantly, it is not clear from the terms and condi-
tions of the entire Lease that the Lessee, DEVITT ADAMS, agreed to
bear costs and attorney's fees even when a claim brQUght by an injured
third party was not meritorious. Since the Lease was drawn by RITECO,
it should be strictly construed against RITECO.
Based on the above, it would not be necessary for the Court ~to
make a determination as to whether or not DEVITT ADAMS was a "hold-
over tenant". Even if he were, the above interpretation of the Lease
would be dispositive of the issue. Counsel for RITECO, at the Hearing,
conceded that theories of active/passive common law negligence were
not applicable here, and that their claim for indemnification was
based solely on the Lease Agreement. _
In consideration of the above, the Court denies the Motion of the
Defendant, RITECO, for Evidentiary Hearing on Claim for Indemnifica-
tion and further finds that the Defendant, RITECO, is not entitled to -
indemnification herein under the facts and circumstances presented.
DONE AND ORDERED in Chambers at St. Lucie County courthouse,
Ft. Pierce, Florida, this day of 19~
I
f .7
CI UIT OURT JUD6
Copies furnished: _
J. Michael Burman,-Esq. .
Loui s M. S i.l ber , Esq .
Vincent A. Lloyd, Esq.
J. Stephen Tierney, Esq.
A. Craig Cameron, Esq.
John P. McNutt, Esq.
180 JAN -2 AM 14
FIlEO AttG FECORUED
ST.(,IIC CO~TY.FLA.
_ CIE~RGKE~
Co1T~UR
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