Lazaro Rodriguez v. Marciano Jaimes

Summary

The Florida Third District Court of Appeal affirmed the dismissal order in an appeal involving negligence claims against construction-related defendants. The court explained that its de novo review of a dismissal order is limited to the complaint and reiterated that a negligence duty based on control of property requires a legal duty to protect against injury.

Holdings

1. On de novo review of a dismissal order, an appellate court looks no further than the complaint and treats all well-pled allegations as true.
2. A duty to protect a person from injury on property is predicated on control of the property, including the right to control access; absent a legal duty, there is no cause of action for negligence.

Questions Presented

1. Whether the complaint stated a legally sufficient negligence claim based on a duty arising from control of property.
2. Whether the trial court's dismissal order should be affirmed under the de novo standard governing review of a dismissal.

Disposition

affirmed