Dublin Sir Shop, Inc., and William and Jewel Flanders brought this action against N.L. Yates, Jr. and Dennis Todd Yates after a dispute arose concerning the interpretation of certain documents executed in connection with the development of a shopping center in which all the parties have an interest. After a bench trial, the trial court entered judgment in favor of Dublin Sir Shop and the Flanderses. The Yateses appeal following the denial of their motion for new trial. They raise three issues, contending that the trial court improperly construed an unambiguous contract; erred in failing to grant their motion for new trial because of a conflict of interest on the part of the partner of appellees’ counsel; and erred by engaging in ex parte communication with a witness after the close of evidence. We are not persuaded of the merit of any of these contentions, and we affirm the judgment. The record shows that N.L. Yates, Jr. Yates and James Hilburn originally owned the property in issue. Intending to build a shopping center on the parcel, on April 18, 1996 they executed a document entitled, “Declaration of Cross-Easements and Covenants.” The declaration, in relevant part, provides as follows: WHEREAS, the owners/developers intend to develop a retail shopping center on the property, containing approximately 22,000 square feet of retail space, and intend to sell Tract A to William Kenneth Flanders and Jewel T. Flanders and further intend to sell a portion of Tract B; and WHEREAS, owners/developers desire to impose upon the property mutual and beneficial covenants and easements benefitting owners/developers and their successors in title; NOW, THEREFORE, owners/developers hereby declare the following cross-easements and covenants to run with the land: 1. Common Area Common area shall mean the portion of the property outside the exterior walls of the shopping center buildings including walkways, driveways, parking areas and any other areas designated and intended for public use. Each owner of the property shall have access to, and the right to use in common with other owners and occupants of the property and their customers, agents and employees the “common area.” . . . .
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