BETTY LANDA, APPELLANT,
v.
CHARLES S. WHITESIDE, INC., AND TOWN OF PALM BEACH, APPELLEES
BETTY LANDA, APPELLANT,
CHARLES S. WHITESIDE, INC., AND TOWN OF PALM BEACH, APPELLEES
725 So. 2d 1266
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
FARMER, J.
Following our recent precedent deciding the identical issue, Kersul v. Boca Raton Community Hosp., Inc., 711 So. 2d 234 (Fla. 4th DCA 1998), we reverse the summary judgment in favor of defendant. While the Town of Palm Beach satisfactorily established that the defective condition of the difference in elevation of the path with the adjoining grass was open and obvious, the city failed to show that it had conclusively discharged its duty to maintain the property in a reasonably safe condition.
REVERSED.
GUNTHER and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Caesar P. Truman v. Unemployment Appeals Comm'n, 845 So. 2d 1021 (Fla. 5th DCA 2003)…PER CURIAM. The order dismissing the appeal to the Unemployment Appeals Commission is affirmed. See Horst v. Unemployment Appeals Comm’n, 725 So. 2d 1266 (Fla. 2d DCA 1999) (affirming dismissal of appeal to commission where notice of appeal was untimely and employee did not respond to commission’s order to show cause). AFFIRMED. THOMPSON C.J., PETERSON and SAWAYA, JJ., concur.…
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Tebbs v. Unemployment Appeals Comm'n & Dyco Paints, Inc., 855 So. 2d 85 (Fla. 2d DCA 2003)…PER CURIAM. Affirmed. See Horst v. Unemployment Appeals Comm’n, 725 So. 2d 1266 (Fla. 2d DCA 1999). [*86] ALTENBERND, C.J., and SILBERMAN and COVINGTON, JJ., concur…
Authorities Cited
- Kersul v. Boca Raton Cmty. Hosp., Inc., 711 So. 2d 234 (Fla. 4th DCA 1998)