Home/District Court of Appeal of Florida/Banegas v. Reco Realty Corp.

Banegas v. Reco Realty Corp.

700 So. 2d 448, 1997 Fla. App. LEXIS 11984, 1997 WL 654708
CourtDistrict Court of Appeal of Florida
DecidedOctober 22, 1997
DocketNo. 96-2535
StatusPublished

This text of 700 So. 2d 448 (Banegas v. Reco Realty Corp.) 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.

Bluebook
Banegas v. Reco Realty Corp., 700 So. 2d 448, 1997 Fla. App. LEXIS 11984, 1997 WL 654708 (Fla. Ct. App. 1997).

Opinion

PER CURIAM.

Appellant, Bonnie Banegas, appeals a summary judgment in favor of appellee, Ziff Associates (“owner-lessor”). We affirm.

If it were alleged that the tenant-lessee was the agent of the owner-lessor then summary judgment would not be proper. See Vic Potamkin Chevrolet v. Horne, 505 So.2d 560 (Fla. 3d DCA 1987); Anderson v. Walthal 468 So.2d 291 (Fla. 1st DCA 1985). Here, however, pursuant to the lease, tenant-lessee maintained control of the premises and there was no agency relationship. Therefore, the owner-lessor had no legal duty to maintain a safe premises. See Santiago v. Allen, 449 So.2d 388 (Fla. 3d DCA 1984).

Affirmed.

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Related

Santiago v. Allen
449 So. 2d 388 (District Court of Appeal of Florida, 1984)
Anderson v. Walthal
468 So. 2d 291 (District Court of Appeal of Florida, 1985)
Vic Potamkin Chevrolet, Inc. v. Horne
505 So. 2d 560 (District Court of Appeal of Florida, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
700 So. 2d 448, 1997 Fla. App. LEXIS 11984, 1997 WL 654708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banegas-v-reco-realty-corp-fladistctapp-1997.