Florida District Courts of Appeal, 1994

Buck v. Kent Security of Broward, Inc.

Buck v. Kent Security of Broward, Inc.
Florida District Courts of Appeal · Decided June 15, 1994 · Gunther, Polen, Warner
638 So. 2d 1004; 1994 Fla. App. LEXIS 5885; 1994 WL 261420 (Southern Reporter, Second Series)

Buck v. Kent Security of Broward, Inc.

Opinion of the Court

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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