Howell Enterprises, Inc. v. Ray

Deen, Presiding Judge.

Howell Enterprises, Inc. (Howell), appellant, owned and leased commercial property to two brothers, the Seays. The ground lease between the parties provided that the Seays “shall indemnify and *69save harmless Landlord from... any and all liability... arising from injury to person or property sustained by anyone in and about the Demised Premises.” Ray was injured on the property and sued Howell and the Seays. Howell failed to answer and a default judgment was entered against this defendant. We granted Howell’s discretionary appeal of the denial of its motion to open default.