Albertsons, Inc. v. All Care Enterprises, Inc.

District Court of Appeal of Florida

Albertsons, Inc. v. All Care Enterprises, Inc.

503 So. 2d 463, 12 Fla. L. Weekly 749, 1987 Fla. App. LEXIS 12048

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 1987

DocketNo. 85-2002

StatusPublished

This text of 503 So. 2d 463 (Albertsons, Inc. v. All Care Enterprises, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albertsons, Inc. v. All Care Enterprises, Inc., 503 So. 2d 463, 12 Fla. L. Weekly 749, 1987 Fla. App. LEXIS 12048 (Fla. Ct. App. 1987).

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Opinion

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 retrial to demonstrate its compliance with section 90.954 of the Florida Evidence Code, Florida Statutes (1985).

DOWNEY, ANSTEAD and GLICKSTEIN, JJ., concur.

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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 retrial to demonstrate its compliance with section 90.954 of the Florida Evidence Code, Florida Statutes (1985).

DOWNEY, ANSTEAD and GLICKSTEIN, JJ., concur.

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Bluebook (online)

503 So. 2d 463, 12 Fla. L. Weekly 749, 1987 Fla. App. LEXIS 12048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albertsons-inc-v-all-care-enterprises-inc-fladistctapp-1987.