902 So. 2d 352

BRANDON TRIPP, INC., a Delaware corporation, as General Partner of Brandon Oaks Partners, LP, a Delaware limited partnership, Appellant, v. U-SAVE AUTO RENTAL OF AMERICA, INC., a foreign corporation, and U-Save Auto Rental of Florida, Inc., a Florida corporation, Appellees.

No. 2D04-2945.

District Court of Appeal of Florida, Second District.

June 1, 2005.

Victor W. Holcomb and Andrew J. Mayts, Jr., of Holcomb & Mayts, P.A., Tampa, for Appellant.

Christopher J. Greene of Brant, Abraham, Reiter, McCormick & Greene, P.A., Jacksonville, for Appellee.

DAVIS, Judge.

Brandon Tripp, Inc. (“Tripp”) challenges the trial court order that granted U-Save Auto Rental of America, Inc.’s motion to dismiss Tripp’s complaint. We affirm.

Tripp, a commercial landlord, sought unpaid rent pursuant to a written lease agreement, which listed the tenant as “U-Save Auto Rental of Florida, Inc., a division of U-Save Auto Rental of America, Inc.” In its second amended complaint, Tripp named as defendants U-Save Auto Rental of Florida, Inc., a Florida corporation, and U-Save Auto Rental of America, Inc., a foreign corporation.

U-Save Auto Rental of America, Inc., moved to dismiss the complaint on the grounds that it was not properly considered a tenant pursuant to the terms of the written lease. The trial court agreed and granted the motion. We affirm the trial court’s order dismissing the complaint as to U-Save Auto Rental of America, Inc., only and remand to the trial court for further consideration of the complaint as it relates to U-Save Auto Rental of Florida, Inc.

Affirmed.

NORTHCUTT and WALLACE, JJ., Concur.

Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc.
902 So. 2d 352

Case Details

Name
Brandon Tripp, Inc. v. U-Save Auto Rental of America, Inc.
Decision Date
Jun 1, 2005
Citations

902 So. 2d 352

Jurisdiction
Florida

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