ROLLO S. KARKEET, APPELLANT,
v.
WEST COAST FERTILIZER COMPANY, A CORPORATION, APPELLEE
ROLLO S. KARKEET, APPELLANT,
WEST COAST FERTILIZER COMPANY, A CORPORATION, APPELLEE
107 So. 2d 754
Florida District Court of Appeal, Second District (1958)
Positive Treatment
Cited by 6 cases
Opinion of the Court
Appellee in an action at law, sued appellant, Rollo E. Karkeet and one Charles W. Vitsopoulos, as partners. Vitsopoulos did not defend and default was entered against him. The appellant for himself interposed motion to dismiss on the ground of improper venue. The trial judge, after hearing, denied the motion. There is no error in this ruling. By this affirmance, however, the right of the appellant to deny a partner relationship with Vitsopoulos is not impinged upon.
Affirmed.
KANNER, C. J., and ALLEN and SHANNON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. McDONALD and Eunice R. McDonald, 309 So. 2d 192 (Fla. 1st DCA 1975)…int filed by an injured tenant against a landlord, finding that the allegations of the complaint sufficiently alleged an agreement that the landlord would make necessary repairs on the demised premises. (See also Wallace v. Schrier, Fla.App.2d 1958, 107 So. 2d 754, where our sister court of the Second District held a landlord liable for injuries to the wife of a tenant, who resided with her husband in the demised premises, for injuries sustained as a result of a defect in the premises which the landlord had a…
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Alzugaray v. Markowitz, 163 So. 2d 8 (Fla. 3d DCA 1964)…we do not hesitate to follow it. It would seem inconsistent to us to hold in this context that the landlord is liable for misfeasance btit that he may escape liability by nonfeasance.” [Emphasis supplied] See also Wallace v. Schrier, Fla.App.1958, 107 So. 2d 754. Compare Garner v. La Marr, 88 Ga.App. 364, 76 S.E. 2d 721. The Propper case involved an apartment house tenant who had difficulty in lighting the broiler on a gas stove in the apartment. After having complained of the condition •of the stove to the…
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Lovett v. Iverson, 139 So. 2d 897 (Fla. 2d DCA 1962)…t to us to hold in this context that the landlord is liable for misfeasance hut that he may escape liability by nonfeasance.” The above case was decided in July, 1958. In our court in December, 1958, in the case of Wallace v. Schrier, Fla.App.1958, 107 So. 2d 754, Judge Allen, for the court, in a somewhat similar case, stated: “There is wide conflict of opinion among the courts of last resort, as will be seen in the annotation appearing in 163 A.L.R., page 300, et seq. The lower court was familiar with the…