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JUSTER v. MONTGOMERY WARD DEVELOPMENT CORP.

No. 85-2358.

496 So.2d 851 (1986)

Martin W. JUSTER, Appellant, v. MONTGOMERY WARD DEVELOPMENT CORPORATION, a Delaware Corporation, Sixth Mont Limited Partnership, a New York Limited Partnership, and Montgomery Ward & Co., Incorporated, an Illinois Corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 28, 1986.

Attorney(s) appearing for the Case

Edward O. Savitz of Bush, Ross, Gardner, Warren & Rudy, Tampa, for appellant.

Hala Mary Ayoub and Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees.

RYDER, Judge.

Martin Juster, the plaintiff below, appeals a final judgment entered in favor of Montgomery Ward, et al., based upon the construction of a contract regarding common area maintenance charges in a shopping mall. We reverse.

On October 1, 1971, Montgomery Ward Development Corporation entered into an agreement entitled "Reciprocal Construction, Operating and Easement Agreement" (hereafter RCOE) with Floriland, Inc. The parties owned contiguous parcels...

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