Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc.

District Court of Appeal of Florida

Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc.

902 So. 2d 352, 2005 Fla. App. LEXIS 8115, 2005 WL 1280913

District Court of Appeal of Florida·Decided June 1, 2005·No. No. 2D04-2945·Published

Opinion

DAVIS, Judge.

Brandon Tripp, Inc. (“Tripp”) challenges the trial court order that granted U-Save Auto Rental of America, Inc.’s motion to dismiss Tripp’s complaint. We affirm.

Tripp, a commercial landlord, sought unpaid rent pursuant to a written lease agreement, which listed the tenant as “U-Save Auto Rental of Florida, Inc., a division of U-Save Auto Rental of America, Inc.” In its second amended complaint, Tripp named as defendants U-Save Auto Rental of Florida, Inc., a Florida corporation, and U-Save Auto Rental of America, Inc., a foreign corporation.

U-Save Auto Rental of America, Inc., moved to dismiss the complaint on the grounds that it was not properly considered a tenant pursuant to the terms of the written lease. The trial court agreed and granted the motion. We affirm the trial court’s order dismissing the complaint as to U-Save Auto Rental of America, Inc., only and remand to the trial court for further consideration of the complaint as it relates to U-Save Auto Rental of Florida, Inc.

Affirmed.

NORTHCUTT and WALLACE, JJ., Concur.

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DAVIS, Judge.

Brandon Tripp, Inc. (“Tripp”) challenges the trial court order that granted U-Save Auto Rental of America, Inc.’s motion to dismiss Tripp’s complaint. We affirm.

Tripp, a commercial landlord, sought unpaid rent pursuant to a written lease agreement, which listed the tenant as “U-Save Auto Rental of Florida, Inc., a division of U-Save Auto Rental of America, Inc.” In its second amended complaint, Tripp named as defendants U-Save Auto Rental of Florida, Inc., a Florida corporation, and U-Save Auto Rental of America, Inc., a foreign corporation.

U-Save Auto Rental of America, Inc., moved to dismiss the complaint on the grounds that it was not properly considered a tenant pursuant to the terms of the written lease. The trial court agreed and granted the motion. We affirm the trial court’s order dismissing the complaint as to U-Save Auto Rental of America, Inc., only and remand to the trial court for further consideration of the complaint as it relates to U-Save Auto Rental of Florida, Inc.

Affirmed.

NORTHCUTT and WALLACE, JJ., Concur.

Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc., 902 So. 2d 352, 2005 Fla. App. LEXIS 8115, 2005 WL 1280913 (Fla. Ct. App. 2005).

Pincite

902 So. 2d 352 (Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.