Opinion
No. 2D04-2945.
June 1, 2005.
Appeal from the Circuit Court for Hillsborough County; Sam D. Pendino, Judge.
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.
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.