Moore v. O'Connor

Florida District Courts of Appeal
Moore v. O'Connor, 106 So. 2d 606 (1958)
Carroll, Chas, Horton, Pearson

Moore v. O'Connor

Opinion of the Court

PER CURIAM.

The tenant sued the landlord for an injury occasioned by a rotted bannister. Final summary judgment was entered for defendant. Although the landlord had made a covenant for general repairs, it conclusively appeared from the pleadings and depositions on file together with the affidavits that neither the landlord nor the tenant had knowledge of the latent defect. The judgment is affirmed upon authority of the rule set forth in Butler v. Maney, 146 Fla. 33, 200 So. 226; Sampson v. Stanley Corp., Fla.1954, 75 So.2d 186; cf. Propper v. Kesner, Fla.1958, 104 So.2d 1.

Affirmed.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.

Reference

Full Case Name
Irene MOORE and Leon Randolph, minors, through their mother, natural guardian and next friend, Julia Mae Randolph v. A. L. O'CONNOR
Cited By
2 cases
Status
Published