BRETT SMITH, A MINOR, BY AND THROUGH HIS PARENTS, WILLIAM SMITH AND LEONOR SMITH, APPELLANT,
v.
HUGO ORTIZ AND MARIA ORTIZ, APPELLEES

Fla. 3d DCA | 1994-05-24
No. 93-2054
Before HUBBART, GERSTEN and GODERICH, JJ.
638 So. 2d 105 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

There are genuine issues of material fact, for example whether the landlords had actual knowledge of the alleged defect. Accordingly, we reverse the final summary judgment and remand for further proceedings. Holl v. Talcott, 191 So. 2d 40 (Fla.1966).


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  • Nedeau v. Gallagher, 851 So. 2d 214 (Fla. 1st DCA 2003)
    …iders. The claim which the appellants presented is thus not one in which they could be granted relief, and their interest is too conjectural upon which to predicate standing. As in Media Placement Incorporated v. Combined Broadcasting, Incorporated, 638 So. 2d 105 (Fla. 3d DCA 1994), the appellants’ lack of standing was a fatal deficit and we therefore uphold the adverse summary judgment. The appealed order is affirmed. BENTON and HAWKES, JJ., CONCUR. * The case was originally filed and the summary judgme…
  • Cessna Aircraft Co. v. Avior Techs., Inc., 990 So. 2d 532 (Fla. 3d DCA 2008)
    …r any scenario, Av-tech as agent lost any separate standing to sue on its own behalf for the breach of the contract when the principal brought an action in its own name. Media Placement, Inc. ex rel. Church by the Sea v. Combined Broadcasting, Inc., 638 So. 2d 105, 106 (Fla. 3d DCA 1994). Moreover, Avtech alleged in its pleadings that it had assigned all of its rights to Avior. With those rights, of course, went the service order’s provision limiting liability. Avior was and is bound by the allegations of its…
  • Media Placement, Inc. v. Combined Broad., Inc., 659 So. 2d 1328 (Fla. 3d DCA 1995)
    …rior case arising from the same underlying dispute, we affirmed summary judgment against Media on its suit “for the use and benefit of the Church by the Sea, Inc.,” against Combined Broadcasting. Media Placement, Inc. v. Combined Broadcasting, Inc., 638 So. 2d 105 (Fla. 3d DCA 1994). We held both that Media lacked standing to sue on behalf of the Church by the Sea and that Media, as agent of the Church by the Sea, did not have a direct claim for damages. Id. at 106. Media has now brought the current action…

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