MARTINEZ v. SCHIFFMAN

No. 80-1682.

402 So.2d 605 (1981)

Antonio MARTINEZ, and Ana Martinez, Individually, As Husband and Wife; and As Natural Guardians of Antonio Daniel Martinez, a Minor, Appellants, v. Evelyn SCHIFFMAN and National Indemnity Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

September 1, 1981.


Attorney(s) appearing for the Case

A. Koss, Miami and Mauricio J. Ejenbaum, Miami Beach, and Alex Sierra, Coral Gables, for appellants.

Virgin, Whittle & Garbis and Gary E. Garbis, Miami, for appellees.

Before BARKDULL, SCHWARTZ and FERGUSON, JJ.


PER CURIAM.

The trial judge correctly held that the second amended complaint failed to state a cause of action against the appellee landlord for injuries caused when a dog owned by his tenants bit the minor plaintiff while he was on the leased premises. Miller v. Sinclair Refining Co., 268 F.2d 114 (5th Cir.1959); Simms v. Kennedy, 74 Fla. 411, 76 So. 739 (1917); Collins v. Otto, 149 Colo. 489,

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