STEPHEN A. KINKELAAR
v.
LUELLA S. KINKELAAR
STEPHEN A. KINKELAAR
LUELLA S. KINKELAAR
157 Fla. 141
Florida Supreme Court (1946)
Negative Treatment
Also reported at: 25 So. 2d 200
Cited by 57 cases
Opinion of the Court
A rehearing having been granted in the above cause and the case having been further considered upon the record and upon briefs and argument of counsel for the respective parties; it is thereupon ordered and adjudged by the Court that the order of this Court heretofore entered denying issuance of a writ of certiorari herein be and it is hereby reaffirmed and adhered to on rehearing.
CHAPMAN, C. J., TERRELL, BUFORD and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (28 total)
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Mansur v. Eubanks, 401 So. 2d 1328 (Fla. 1981)…f caveat lessee, under which doctrine it is held that once possession and control of leased premises passes to the tenant, the landlord is not liable for injuries cause by the condition of the leased premises. The court quoted from Brooks v. Peters, 157 Fla. 141, 145, 25 So. 2d 205, 206-7 (1946), where this Court said: It is established law that when a landlord delivers to the tenant possession and control of the demised premises, including the plumbing, drains, and appliances for heating, lighting, and po…
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Nazario Alvarez v. DeAGUIRRE, 395 So. 2d 213 (Fla. 3d DCA 1981)…[*216] plumbing, water pipes, sewers, etc. In other words, the rule of caveat emptor applies, hence the landlord is not liable for any personal injuries or sickness of tenants, although attributable to the defects in the fixtures. Brooks v. Peters, 157 Fla. 141, 145, 25 So. 2d 205, 207 (1946). However, in the instant case, the complaint alleged: “that there existed latent defects1 which defendant Martha DeAguirre knew or should have known existed.” Unlike the situation in Brooks, here there was an allegat…
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Melena Bennett and Harry Bennett v. Mattison, 382 So. 2d 873 (Fla. 1st DCA 1980)…imited extent, removes the common law rule absolving the landlord from any duty to his tenants for injuries caused to them by defects on the leased premises, unless his knowledge of the defect is superior to that of the tenant. See Brooks v. Peters, 157 Fla. 141, 25 So. 2d 205 (1946); Wingard v. McDonald, 348 So. 2d 573 (Fla. 1st DCA 1977), and Bail v. Ates, 369 So. 2d 1023 (Fla. 1st DCA 1979), applying the rule similarly to business invitees. Absent a statute, I think it questionable whether the rule of…
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