MURRAY FREUNDLICH, APPELLANT,
v.
SOUTH SEAS OPERATING CORPORATION, APPELLEE

Fla. 3d DCA | 1981-05-19
No. 80-1681
Before SCHWARTZ, DANIEL S. PEARSON, and FERGUSON, JJ.
398 So. 2d 490 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

An adjoining property owner has no duty to maintain a public sidewalk. Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla.3d DCA 1980), Beattie v. City of Coral Gables, 358 So. 2d 1131 (Fla.3d DCA 1978). Upon examination of the record and briefs there appears no genuine issue of material fact and defendant-appellee is entitled to a judgment as a matter of law. Holl v. Talcott, 191 So. 2d 40 (Fla.1966).

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Mininson v. Allright Miami, Inc., 732 So. 2d 389 (Fla. 3d DCA 1999)
    …maintenance contract, standing alone, was not an assumption of what clearly was the municipality’s duty under Florida law, making section (b) likewise inapplicable. See Silver Palm and Roman. See also Freundlich v. South Seas Operating Corporation, 398 So. 2d 490 (Fla. 3d DCA 1981); Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla. 3d DCA 1980); Beattie v. City of Coral Gables, 358 So. 2d 1131 (Fla. 3d DCA 1978). As Section 324A of the Restatement observes, there is no essential reason why the breach of a pro…
  • Schupbach v. City OF Sarasota, 765 So. 2d 131 (Fla. 2d DCA 2000)
    …is claim. The trial court found in their favor, granted the motion, and entered summary judgment on their behalf. As a general rule, an abutting property owner has no duty to maintain a public sidewalk. See Freundlich v. South Seas Operating Corp., 398 So. 2d 490 (Fla. 3d DCA 1981). That duty normally rests upon the sovereign, here, the City of Sarasota. The issue then is whether, by passing section 30-26, the City of Sarasota imposed a duty of care upon abutting landowners enforceable by a private cause of…
  • DEL RIO v. City OF Hialeah, 904 So. 2d 484 (Fla. 3d DCA 2005)
    …property abuts a public sidewalk owes no duty to the public to maintain the sidewalk solely because the property abuts the side walk. See Beattie v. City of Coral Gafcles, 358 So. 2d 1131 (Fla. 3d DCA 1978); Freundlich v. South Seas Operating Corp., 398 So. 2d 490 (Fla. 3d DCA 1981); Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla. 3d DCA 1980). The court then granted summary judgment. The City has intervened as an Appellee in this proceeding pursuant to Florida Rule of Appellate Procedure 9.020(g). The City…

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