WHELAN v. DACOMA ENTERPRISES, INC.

No. 78-1285/NT4-91.

394 So.2d 506 (1981)

Barbara WHELAN, Individually and As Mother and Natural Guardian of Jason Whelan, a Minor, On Behalf of Barbara Whelan and Jason Whelan, a Minor, Appellants, v. DACOMA ENTERPRISES, INC., a Foreign Corporation, Ronald Stewart, Judith Stewart, Norma Poole, Stanley Poole, Michael Glantz and Gretchen Glantz d/b/a St. John's Village, II, Ltd., and Commerce & Industry Insurance Company, an Insurance Corporation, Appellees.

District Court of Appeal of Florida, Fifth District.

February 18, 1981.


Attorney(s) appearing for the Case

Elizabeth J. Gulden of Blackburn, Gibson & Gulden, Orlando, for appellants.

A. Craig Cameron of Gosney, Cameron & Parsons, Daytona Beach, for appellees.


LETTS, GAVIN K., Associate Judge.

At issue here is the extent of a landlord's liability for criminal violence perpetrated against a tenant by a third party who is not an employee, agent or representative of the landlord. The trial judge granted a motion to dismiss the tenant's fourth amended complaint with prejudice because there is "no legal precedent either at common law, by case law, or through statute for the allowance of [such] a cause of action ..." We disagree...

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