LOUISE MITCHELL, WILLIE MAE FLEMING AND JOSEPH FLEMING, APPELLANTS,
v.
RUFUS ROBBINS, GATOR FREIGHTWAYS, INC., AND TRANSPORT INSURANCE COMPANY, APPELLEES
LOUISE MITCHELL, WILLIE MAE FLEMING AND JOSEPH FLEMING, APPELLANTS,
RUFUS ROBBINS, GATOR FREIGHTWAYS, INC., AND TRANSPORT INSURANCE COMPANY, APPELLEES
447 So. 2d 1034
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
Summary judgment was entered against appellants’ suit for damages which stemmed from injuries suffered in an automobile accident. We reverse and hold the foreseeability of theft and any subsequent accident, following a delivery truck operator’s failure to remove keys from the ignition, presents a jury question, notwithstanding section 316.1975, Florida Statutes (1981). See Vining v. Avis Rent-A-Car System, Inc., 354 So. 2d 54 (Fla.1977).
Accordingly, we reverse and remand for a trial on the merits.
HURLEY, DELL and WALDEN, JJ„ concur.
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Citator
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Rona E. Yurgel v. Yurgel, 572 So. 2d 1327 (Fla. 1990)…Id. at 554, 552 A. 2d at 45. Several of the other cases cited in the majority opinion adopted the same approach. Florida courts have also reached similar conclusions. E.g., Johnson v. Farris, 469 So. 2d 221 (Fla. 2d DCA 1985); O’Connor v. O’Connor, 447 So. 2d 1034 (Fla. 4th DCA 1984); Reeve v. Reeve, 391 So. 2d 789 (Fla. 1st DCA 1980). Thus, I am in essential agreement with the thrust of the majority opinion on this issue, although I am convinced that jurisdiction for modification depends upon meeting one of…
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Snider v. Cornelia N. Snider, 686 So. 2d 802 (Fla. 4th DCA 1997)…KLEIN, Judge. Petitioner seeks common law certiorari, arguing that the trial court erred in denying his motion to dismiss for lack of subject matter jurisdiction in a custody modification proceeding. We have jurisdiction. O’Connor v. O’Connor, 447 So. 2d 1034 (Fla. 4th DCA 1984).1 The marriage of the parties was dissolved by a judgment entered in Palm Beach County in 1991. Under that judgment the parties’ son was to reside with the mother in Palm Beach County, with liberal visitation with the father. In…1 / 2
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Crippen v. Crippen, 508 So. 2d 1339 (Fla. 4th DCA 1987)…consistent herewith. HERSEY, C.J., and GUNTHER, J., concur. . See, e.g. Mondy v. Mondy, 428 So. 2d 235 (Fla.1983); Miller v. Miller, 506 So. 2d 1084 (Fla. 4th DCA 1987); Genoe v. Genoe, 12 FLW 386 (Fla. 4th DCA Feb. 6, 1987); O’Connor v. O’Connor, 447 So. 2d 1034 (Fla. 4th DCA 1984); Findley v. Findley, 441 So. 2d 1166 (Fla. 2d DCA 1983); Brown v. Tan, 395 So. 2d 1249 (Fla. 3d DCA 1981); Reeve v. Reeve, 391 So. 2d 789 (Fla. 1st DCA 1980); Hegler v. Hegler, 383 So. 2d 1134 (Fla. 5th DCA 1980); Hofer v. Agner,…
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- Vining v. AVIS Rent-A-Car Sys., Inc., 354 So. 2d 54 (Fla. 1977)