JEFFREY ROGERS v. GRIFFIN COMMERCE CENTER, INC. d/b/a VERSATILE WAREHOUSING

• Court: District Court of Appeal of Florida
• Decided: January 4, 2023
• Docket: 22-1961
• Status: Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

JEFFREY ROGERS, Appellant,

v.

GRIFFIN COMMERCE CENTER, INC. d/b/a VERSATILE WAREHOUSING, Appellee.

No. 4D22-1961

[January 4, 2023]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE21018235.

Jeffrey Rogers, Dania Beach, pro se.

Peter Sobota of Sobota P.L., Davie, for appellee.

PER CURIAM.

Affirmed. See Goodall v. Whispering Woods Ctr., L.L.C., 990 So. 2d 695, 700 (Fla. 4th DCA 2008) (stating that “[w]hen there are conflicts between the allegations of a complaint and the documents attached as exhibits to the complaint, the plain language of the documents control”); Horizon Images, Inc. v. Delta Color Graphics, Inc., 639 So. 2d 186, 187 (Fla. 4th DCA 1994) (holding that there must be “a clear intention in the contract between [the contracting parties] to directly and substantially benefit [the third party], in order for [the third party] to sue on the third party beneficiary theory”); Hollywood Lakes Country Club, Inc. v. Cmty. Ass’n Servs., Inc., 770 So. 2d 716, 719 (Fla. 4th DCA 2000) (holding that dismissal of a complaint for breach of contract based on a third party beneficiary theory is warranted where “the contract attached to the complaint shows no intent to directly and substantially benefit” the third party).

GROSS, LEVINE and CONNER, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.