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GOODING'S SUPERMARKETS v. NET REALTY

No. 97-262.

703 So.2d 1136 (1997)

GOODING'S SUPERMARKETS, INC., Appellant/Cross-Appellee, v. NET REALTY HOLDING TRUST, a foreign corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 2, 1998.

Attorney(s) appearing for the Case

William L. Eagan of Arnold, Matheny & Eagan, P.A., Orlando, for Appellant/Cross-Appellee.

Mitchell D. Adler and James D. Barnett of Mombach, Boyle & Hardin, P.A., Fort Lauderdale and Christopher J. Coleman of Gray, Harris, Robinson, P.A., Melbourne, for Appellee/Cross-Appellant.

COBB, Judge.

Gooding's Supermarkets, Inc., plaintiff below, appeals from a final judgment in a declaratory action. Net Realty Holding Trust, defendant below, cross appeals.

Net Realty owns a shopping center. Gooding's is one of Net's tenants. Under the terms of the written lease, Net is to maintain the common area and indemnify Gooding's from "all claims, losses, damages and expenses... arising out of the Common Area." Net further agreed in paragraph 15 to...

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