Florida District Courts of Appeal, 2005

Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc.

Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc.
Florida District Courts of Appeal · Decided June 1, 2005 · Davis, Northcutt, Wallace
902 So. 2d 352; 2005 Fla. App. LEXIS 8115; 2005 WL 1280913 (Southern Reporter, Second Series)

Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc.

Opinion of the Court

DAVIS, Judge.

Brandon Tripp, Inc. (“Tripp”) challenges the trial court order that granted U-Save Auto Rental of America, Inc.’s motion to dismiss Tripp’s complaint. We affirm.

Tripp, a commercial landlord, sought unpaid rent pursuant to a written lease agreement, which listed the tenant as “U-Save Auto Rental of Florida, Inc., a division of U-Save Auto Rental of America, Inc.” In its second amended complaint, Tripp named as defendants U-Save Auto Rental of Florida, Inc., a Florida corporation, and U-Save Auto Rental of America, Inc., a foreign corporation.

U-Save Auto Rental of America, Inc., moved to dismiss the complaint on the grounds that it was not properly considered a tenant pursuant to the terms of the written lease. The trial court agreed and granted the motion. We affirm the trial court’s order dismissing the complaint as to U-Save Auto Rental of America, Inc., only and remand to the trial court for further consideration of the complaint as it relates to U-Save Auto Rental of Florida, Inc.

Affirmed.

NORTHCUTT and WALLACE, JJ., Concur.

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