District Court of Appeal of Florida April 5, 2000, No. 3D99-1664 (Saenz v. Pena)

SORONDO, J.

Carlos Saenz appeals from the lower court’s order denying his motion to set aside final judgment for Mercedes Pena.

In November 1994, Pena commenced an action against Saenz as owner and lessor of an apartment complex, contending that she was injured when he breached his duty to maintain the property in a reasonably safe condition.