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McKinney v. H.M.K.G. & C.11/4/2003
ing all of the arguments of counsel, the facts do not support an inference that the landlord retained such control over the premises to show that the tenant surrendered its exclusive right to possession and shared control with the landlord. Lemm , 425 S.W.2d at 195. Since the landlord did not exercise sufficient control under these facts, the landlord had no duty to maintain and/or repair the premises. Hence, Ms. McKinney failed to make a submissible case against appellant, and we reverse the judgment of the trial court.
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