Buck v. Kent Security of Broward, Inc.

District Court of Appeal of Florida

Buck v. Kent Security of Broward, Inc.

638 So. 2d 1004, 1994 Fla. App. LEXIS 5885, 1994 WL 261420

District Court of Appeal of Florida·Decided June 15, 1994·No. No. 93-1584·Published·Cited by 2 cases

Opinion

PER CURIAM.

Appellants leased storage space in a storage facility. When their goods were stolen appellants sued the security firm providing protection to the facility alleging they were third party beneficiaries of the contract between the facility and the firm. However, their own lease, which was attached to the complaint, negates the allegation that they could be third party beneficiaries, thus rendering the pleading objectionable and subject to dismissal. Harry Pepper & Associates, Inc. v. Lasseter, 247 So.2d 736 (Fla. 3d DCA 1971). We also reject their contention that appellee could be liable as a volunteer.

Affirmed.

GUNTHER, WARNER and POLEN, JJ., concur.

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PER CURIAM.

Appellants leased storage space in a storage facility. When their goods were stolen appellants sued the security firm providing protection to the facility alleging they were third party beneficiaries of the contract between the facility and the firm. However, their own lease, which was attached to the complaint, negates the allegation that they could be third party beneficiaries, thus rendering the pleading objectionable and subject to dismissal. Harry Pepper & Associates, Inc. v. Lasseter, 247 So.2d 736 (Fla. 3d DCA 1971). We also reject their contention that appellee could be liable as a volunteer.

Affirmed.

GUNTHER, WARNER and POLEN, JJ., concur.

Buck v. Kent Security of Broward, Inc., 638 So. 2d 1004, 1994 Fla. App. LEXIS 5885, 1994 WL 261420 (Fla. Ct. App. 1994).

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