Brown v. Snellgrove, 86-1259

Decision Date04 March 1987
Docket NumberNo. 86-1259,86-1259
Citation503 So.2d 447,12 Fla. L. Weekly 703
Parties12 Fla. L. Weekly 703 Bobby BROWN, individually, Darlene Brown, as guardian of the property of Bobby Brown and Darlene Brown, individually, Appellants, v. Norman SNELLGROVE, Appellee.
CourtFlorida District Court of Appeals

Barry S. Caskey, Bennie Lazzara, Jr. and Edward Michael Gillick of Bennie Lazzara, Jr., P.A., Tampa, for appellants.

Danell G. DeBerg and Kimberly Swoyer Brush of Prugh & Associates, P.A., Tampa, and Joseph G. Hern, Jr. of Wendel & Chritton, Lakeland, for appellee.

CAMPBELL, Acting Chief Judge.

Appellants filed a complaint in the trial court to recover for injuries appellant Bobby Brown sustained when he was thrown from a pickup truck while working on a strawberry farm for one Rodney Johnson. Appellants alleged that Brown was injured as a result of Johnson's negligence and that Johnson and appellee were joint venturers in the farming operation and, therefore, jointly liable for Johnson's negligence and Brown's resulting injuries. Appellee answered and served affirmative defenses and a motion for summary judgment. In support of his motion for summary judgment, appellee filed his affidavit and deposition and a deposition of Johnson.

The affidavit and depositions established that Johnson leased the twenty-acre farm from appellee under the terms of a written lease. Johnson had obtained financing for the farm operation from Farmers Home Administration. Appellee was in no way obligated for the funds obtained from Farmers Home Administration. The "Cash Farm Lease" Johnson and appellee executed was on a form furnished by Farmers Home Administration. The agreement provided for Johnson to pay rental to appellee in the amount of one-third of net profits from the farming operation.

The agreement further specified that no partnership between the parties was created and that neither was responsible for the debts, liability, accidents or damages caused by the other party. The depositions of both Johnson and appellee establish that appellee was not obligated for any losses that Johnson might incur in the farming operation. The lease agreement provides that Johnson was responsible for all expenses except for appellee's maintenance of fences, payment of his real property taxes and insurance on the existing buildings. The depositions further establish that appellee had no right to control Johnson's farming operation.

While appellants submitted...

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5 cases
  • Jackson-Shaw Co. v. Jacksonville Aviation Auth.
    • United States
    • U.S. District Court — Middle District of Florida
    • January 8, 2007 none and even if oil were produced their interest would be separate and not joint. 29 So.2d at 734. Likewise, in Brown v. Snellgrove, 503 So.2d 447 (Fla. 2d DCA 1987), a lessor under a cash farm lease was not a joint venturer with lessee where lease provided that lessor was to receive on......
  • Austin v. Duval County School Bd.
    • United States
    • Florida District Court of Appeals
    • July 13, 1995
    ...Edward J. Gerrits, Inc. v. McKinney, 410 So.2d 542, 545 (Fla. 1st DCA), review denied, 419 So.2d 1196 (Fla.1982); Brown v. Snellgrove, 503 So.2d 447, 448 (Fla. 2d DCA), review denied, 511 So.2d 998 (Fla.1987); Pollard v. Browder, 126 So.2d 310, 312 (Fla. 2d DCA Application of the first join......
  • Byrd v. EBB FARMS
    • United States
    • Indiana Appellate Court
    • September 26, 2003 sound and instructive. See: Harlan E. Moore Charitable Trust v. United States, 812 F.Supp. 130 (C.D.Ill.1993); Brown v. Snellgrove, 503 So.2d 447 (Fla. App.1987); C.E. Johnson & Co. v. Marsh, 111 Vt. 266, 15 A.2d 577 (Vt. 9. The relationship between E.B.B. Farms and [Schuck] is clearly o......
  • Montrose v. Premier American Resorts, 95-177
    • United States
    • Florida District Court of Appeals
    • December 6, 1995
    ...Premier American Resorts had no control over the operations or management of the resort where the incident occurred. See Brown v. Snellgrove, 503 So.2d 447 (Fla. 2d DCA), rev. denied, 511 So.2d 998 AFFIRMED. ...
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