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This is an appeal and cross-appeal arising from a jury verdict in favor of defendant Winn-Dixie Stores, Inc. “W/D” in a contract action wherein plaintiff Process Posters, Inc., “PPI” sought to recover payment for promotional materials it created for W/D’s use. For the reasons that follow, we affirm the judgment of the court below in Case No. A03A2038 and dismiss Case No. A03A2039. Leo Weber and Associates “Weber” is a marketing and promotional firm. George Vickerman is a free-lance creative designer, who had previously worked for Weber. PPI makes promotional materials and had previously done work for Vickerman.

In 1997, Weber created a supermarket promotional game and, in late 1997/early 1998, contracted with four W/D entities for its implementation in certain market areas. The express terms of the four contracts state, “Each party is an independent contract sic and nothing in this agreement shall be deemed to constitute either party as the agent of the other.”

 
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