ALBERTSONS, INC. v. ALL CARE ENTERPRISES, INC.

No. 85-2002.

503 So.2d 463 (1987)

ALBERTSONS, INC., Appellant/Cross Appellee, v. ALL CARE ENTERPRISES, INC., Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

March 11, 1987.


Attorney(s) appearing for the Case

Montgomery, Searcy & Denney, P.A., and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellant/cross appellee.

Rosemary Wilder and Richard A. Sherman of Richard A. Sherman, P.A., Fort Lauderdale, for appellee/cross appellant.


PER CURIAM.

We reverse and remand for a trial on the merits of appellant's claim for indemnification. We believe the testimony presented at trial was sufficient in itself, particularly the admissions of the appellee's vice president, to submit the issue to the jury. Although we find no error by the trial court in rejecting the form contract proffered by the appellant because of the lack of a proper predicate, the appellant should be given another opportunity upon...

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