Third District Court of Appeal
State of Florida
Opinion filed August 25, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-639
Lower Tribunal No. 17-4695
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Mercedes Sanchez, et al.,
Appellants,
vs.
MAC Acquisition, LLC, etc., et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Abby
Cynamon, Judge.
The Tinstman Law Firm, P.A., and Eric M. Tinstman; Philip D. Parrish,
P.A., and Philip D. Parrish, for appellants.
Kubicki Draper, and Sharon C. Degnan (Orlando), for appellees.
Before HENDON, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See Bovis v. 7-Eleven, Inc.,
505 So. 2d 661, 664 (Fla. 5th
DCA 1987) (“[T]he duty to protect others from injury resulting from a
dangerous condition on a premises does not rest on legal ownership of the
dangerous area but on the right to control access by third parties which right
usually exists in the one in possession and control of the premises.”); Bechtel
Corp. v. Batchelor,
250 So. 3d 187, 196 (Fla. 3d DCA 2018) (“[C]ontrol of
property for purposes of premises liability means control that rises to the
level of the ability to control access or exclude others from the property. ‘The
duty to protect others from injury resulting from a dangerous condition on a
premises rests on the party who has the right to control access by third
parties to the premises, be it the owner, an agent, or a lessee of the
property.’” (quoting Brown v. Suncharm Ranch, Inc.,
748 So. 2d 1077, 1078
(Fla. 5th DCA 1999))); Bovis,
505 So. 2d at 663 (“In this case, as in the usual
lease arrangement, the lessor had no right to control access by third parties
to the leased premises and the lessee had actual possession and the right
to control access to the leased premises . . . .”).
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