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Buck v. Kent Security of Broward

District Court of Appeal of Florida, Fourth District
Jun 15, 1994
638 So. 2d 1004 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1584.

June 15, 1994.

Appeal from the Circuit Court, Broward County, Leroy H. Moe, J.

Arnold R. Ginsberg of Perse, P.A. Ginsberg, P.A., and Jerold Hart, P.A., Miami, for appellants.

Brian R. Hersh of Law Offices of Brian R. Hersh, Miami, for appellee.


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.


Summaries of

Buck v. Kent Security of Broward

District Court of Appeal of Florida, Fourth District
Jun 15, 1994
638 So. 2d 1004 (Fla. Dist. Ct. App. 1994)
Case details for

Buck v. Kent Security of Broward

Case Details

Full title:MATTHEW BUCK AND ALICE BUCK, HIS WIFE, APPELLANTS, v. KENT SECURITY OF…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 15, 1994

Citations

638 So. 2d 1004 (Fla. Dist. Ct. App. 1994)

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