Legal Opinion
Gap, Inc. v. Brazilian Beat Tour, Inc.
District Court of Appeal of Florida
Decided March 12, 1997No. 96-1740PublishedCited by 2 opinions
1Opinion of the Court
SCHWARTZ, Chief Judge.
The Gap, a tenant at a shopping center, sued the landlords and the upstairs tenant for water damage to its merchandise which was allegedly caused by the negligent maintenance of the common areas and the adjacent premises. We agree with the trial court that the actions were barred by the mutual waiver provisions of the lease:
9.08 Waiver. Landlord and tenant each hereby waives any and all rights of recovery against the other or against any other tenant or occupant of the Complex or against the officer, employees, agents, representatives, customers and business visitors of…
2Cases cited7 opinions
- University Plaza Shopping Center, Inc. v. StewartSupreme Court of Florida · 1973
- Charles Poe Masonry, Inc. v. SPRING LOCK SCAFFOLDIND RENTAL EQUIPMENT CO.Supreme Court of Florida · 1979
- Housing Inv. Corp. v. CarrisDistrict Court of Appeal of Florida · 1980
- Smith v. RyanDistrict Court of Appeal of Florida · 1962
- Bennett M. Lifter, Inc. v. VarnadoDistrict Court of Appeal of Florida · 1985
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3Cited by2 opinions
- Buy Direct Jewelers, Inc. v. CenterDistrict Court of Appeal of Florida · 2001
- H.T. Chittum Bayside, Inc. v. Bayside Center Ltd. PartnershipDistrict Court of Appeal of Florida · 1998