ERIC AMADOR, A MINOR BY AND THROUGH SIMON AMADOR, HIS NATURAL FATHER, APPELLANT,
v.
MARIO VALDEZ AND REINA VALDEZ, APPELLEES
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PER CURIAM.
Appellant, Eric Amador, a minor, appeals a final summary judgment in favor of appellees, Mario Valdez and Reina Valdez, on appellant’s action for negligence. We affirm.
Appellant sought to recover damages for a personal injury allegedly sustained when he fell on his grandparent’s lawn. Most certainly the child fell and sustained an injury. However, the fact that he fell, without more, is insufficient to sustain an action for negligence. We find no material issues of fact, and therefore find that summary judgment was proper. See Moore v. Morris, 475 So. 2d 666 (Fla.1985).
Appellant’s other issue concerning the trial court’s setting aside the default is without merit. Here, the trial court was well inside the parameters of judicial discretion. See Cabral v. Diversified Services, Inc., 560 So. 2d 246 (Fla. 3d DCA 1990).
Affirmed.
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Troutman v. State, 630 So. 2d 528 (Fla. 1993)…articular juvenile fits within the criteria. Mere conclusory language that tracks the statutory criteria is insufficient. Jackson v. State, 588 So. 2d 1085 (Fla. 5th DCA 1991); Youngblood v. State, 560 So. 2d 409 (Fla. 5th DCA 1990); Ervin v. State, 561 So. 2d 423 (Fla. 3d DCA 1990). We next turn to the question of whether the court’s evaluation and findings must be contemporaneously reduced to writing. Section 39.059(7)(d) makes clear that any decision to impose adult sanctions must be in writing and must c…
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McCOY v. State, 632 So. 2d 181 (Fla. 5th DCA 1994)…articular juvenile fits within the criteria. Mere eonclusory language that tracks the statutory criteria is insufficient. Jackson v. State, 588 So. 2d 1085 (Fla. 5th DCA 1991); Youngblood v. State, 560 So. 2d 409 (Fla. 5th DCA 1990); Ervin v. State, 561 So. 2d 423 (Fla. 3d DCA 1990). Id. 630 So. 2d at 531. See also Kelly v. State, 605 So. 2d 990 (Fla. 5th DCA 1992); Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA 1990). The trial court’s reasons for sentencing appellant as an adult in this case do not comport w…
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Hangen v. State, 651 So. 2d 706 (Fla. 5th DCA 1995)…articular juvenile fits within the criteria. Mere conclusory language that tracks the statutory criteria is insufficient. Jackson v. State, 588 So. 2d 1085 (Fla. 5th DCA 1991); Youngblood v. State, 560 So. 2d 409 (Fla. 5th DCA 1990); Ervin v. State, 561 So. 2d 423 (Fla. 3d DCA 1990).” McCoy v. State, 632 So. 2d 181, 182 (Fla. 5th DCA 1994), quoting Troutman v. State, 630 So. 2d 528, 531 (Fla.1993); and citing Kelly v. State, 605 So. 2d 990 (Fla. 5th DCA 1992); and Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- Cabral v. Diversified Servs., Inc., 560 So. 2d 246 (Fla. 3d DCA 1990)