JORGE CHATELOIN, APPELLANT,
v.
FLANIGAN'S ENTERPRISES INC., A/K/A BIG DADDY'S LOUNGES, AND GERTRUDE FLAGEL, APPELLEES
PER CURIAM.
The owner of an alcoholic beverage establishment is not responsible for any injuries caused to a patron who was shot by another patron, when the injury occurred several miles from the premises and a considerable time after the patrons had left the premises. The injury was too remote as to time and place, even if the proprietor could be held responsible for the criminal activity of its patrons, which we do not here decide. See and compare Concrete Construction Inc. of Lake Worth v. Petterson, 216 So. 2d 221 (Fla.1968); Bell v. Jefferson, 414 So. 2d 273 (Fla. 5th DCA 1982); Gottschalk v. Smith, 334 So. 2d 102 (Fla. 3d DCA 1976).
Therefore, the final summary judgment here under review be and the same is hereby affirmed.
Affirmed.
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Phenion Dev. Grp., Inc. v. Love, 940 So. 2d 1179 (Fla. 5th DCA 2006)…em to suggest, the mistake still appears to have been a mistake of law, which Appellants could have corrected by timely filing a motion for rehearing (bringing the overlooked but controlling case law to the court’s attention). See Barrios v. Draper, 423 So. 2d 1002, 1003 (Fla. 3d DCA 1982) (noting “a party seeking relief from judgment based on a mistake of law has two alternatives. He may file a motion pursuant to Florida Rule of Civil Procedure 1.530(g) within ten days after entry of the final judgment or fil…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Concrete Constr., Inc. v. Petterson, 216 So. 2d 221 (Fla. 1968)
- Gottschalk v. Smith, 334 So. 2d 102 (Fla. 3d DCA 1976)
- Bell v. Jefferson, 414 So. 2d 273 (Fla. 5th DCA 1982)