Florida District Courts of Appeal, 1997

Banegas v. Reco Realty Corp.

Banegas v. Reco Realty Corp.
Florida District Courts of Appeal · Decided October 22, 1997 · Gersten, Green, Nesbitt
700 So. 2d 448; 1997 Fla. App. LEXIS 11984; 1997 WL 654708 (Southern Reporter, Second Series)

Banegas v. Reco Realty Corp.

Opinion of the Court

PER CURIAM.

Appellant, Bonnie Banegas, appeals a summary judgment in favor of appellee, Ziff Associates (“owner-lessor”). We affirm.

If it were alleged that the tenant-lessee was the agent of the owner-lessor then summary judgment would not be proper. See Vic Potamkin Chevrolet v. Horne, 505 So.2d 560 (Fla. 3d DCA 1987); Anderson v. Walthal 468 So.2d 291 (Fla. 1st DCA 1985). Here, however, pursuant to the lease, tenant-lessee maintained control of the premises and there was no agency relationship. Therefore, the owner-lessor had no legal duty to maintain a safe premises. See Santiago v. Allen, 449 So.2d 388 (Fla. 3d DCA 1984).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.