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KAY'S CUSTOM DRAPES, INC. v. GARROTE

No. 3D04-2972.

920 So.2d 1168 (2006)

KAY'S CUSTOM DRAPES, INC., Appellant, v. Elsa GARROTE and Rogelio Garrote, and Designs by Dalia, Appellees.

District Court of Appeal of Florida, Third District.

February 15, 2006.

Attorney(s) appearing for the Case

Hardeman & Simon and Donald W. Hardeman, Jr.; Hicks & Kneale and Richard A. Warren, Miami, for appellant.

Lidsky, Vaccaro & Montes and Juan Lazaro Fernandez; Deutsch & Blumberg and James C. Blecke, Miami, for appellees, Elsa and Rogelio Garrote; Golden, Grimes & Ocariz and Humberto H. Ocariz, for appellee, Designs by Dalia.

Before WELLS and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

WELLS, Judge.

A property owner/landlord in a premises liability action appeals from a final judgment in favor of a tenant's invitee. We affirm the finding of liability against the owner/landlord but for the following reasons reverse for a new trial to apportion fault between the owner/landlord and the tenant and for a new trial on damages.

Kay's Custom Drapes, Inc. is the owner of a two-story warehouse condominium. Kay's operates its business from the second...

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