MENENDEZ v. PALMS WEST CONDO. ASS'N., INC.

No. 98-1326.

736 So.2d 58 (1999)

Julio MENENDEZ, Sr., and Vivian Menendez, individually and as guardians of Julio Menendez, Jr., and Julio Menendez, Jr., individually, Appellants, v. The PALMS WEST CONDOMINIUM ASSOCIATION, INC., Richard Seaberg and Beverly Seaberg, individually, and Clifford Miller and Barbara Miller, individually, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 8, 1999.


Attorney(s) appearing for the Case

William P. Thomas of William P. Thomas, P.A., Tamarac, and Neal W. Hirschfield of Hirschfield & Rafkin, Fort Lauderdale. Tammy de Soto Cicchetti of The Cicchetti Law Firm, Tallahassee, for Appellee The Palms West Condominium Association, Inc.

M. Kay Simpson and Vikki R. Shirley of Huey, Guilday & Tucker, P.A., Tallahassee, for Appellees Richard and Beverly Seaberg.

Hala A. Sandridge, David Moye, and Charles Tyler Cone of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellees Clifford and Barbara Miller.


PADOVANO, J.

This is an appeal from a final summary judgment for the defendants in a premises liability action. The complaint was based on a claim that a landlord has a duty to install a viewing device in the front door of an apartment to protect the tenant from an attack by an unknown assailant. We agree with the trial judge that the defendants had no such duty under the lease or under the law that applies to this case. Therefore, we conclude that the trial court...

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