Raul Arias v. Codealtex, LLC

• Court: District Court of Appeal of Florida
• Decided: March 13, 2024
• Docket: 2022-2160
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 13, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-2160 Lower Tribunal No. 21-2883 ________________

Raul Arias, et al., Appellants,

vs.

Codealtex, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge.

Law Offices of Charles M-P George, and Charles M-P "Chip" George; and Florida Legal, LLC, and Raymond R. Dieppa, for appellants.

Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, and Steven Mitchel and Lianet Rodriguez Quindemil, for appellee.

Before LINDSEY, MILLER, and LOBREE, JJ.

PER CURIAM. Appellant Raul Arias was injured while operating machinery at his

place of employment, Excel Converting, Inc. Excel leased the premises

where Arias was injured from Codealtex, LLC. Arias sued Codealtex,

alleging it had a duty to maintain the premises and specifically the machinery

on which he was injured. Codealtex moved for summary judgment below,

which the trial court granted. Arias timely appeals.1

We affirm. “[O]nce a landlord delivers possession and control of the

leased premises . . . to the tenant, the landlord is not liable for injury to the

property or person of the tenant or those on the premises with the permission

of the tenant . . . .” Russ v. Wollheim, 915 So. 2d 1285, 1287 (Fla. 2d DCA

2005) (quoting Veterans Gas Co. v. Gibbs, 538 So. 2d 1325, 1327 (Fla. 1st

DCA 1989)); see also Bechtel Corp. v. Batchelor, 250 So. 3d 187, 196 (Fla.

3d DCA 2018) (“‘Premises liability is not predicated on ownership of the

property;’ instead, the ‘duty to protect others from injury resulting from a

dangerous condition on the premises rests on the right to control access to

the property.’” (quoting Welch v. Complete Care Corp., 818 So. 2d 645, 649

(Fla. 2d DCA 2002))).

Affirmed.

1 This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A). Arias timely appealed (Summary Judgment Order issued on December 12, 2022, and Arias filed a Notice of Appeal four days later).