FRANCISCO DEL RISCO AND MIRTA R. DEL RISCO, APPELLANTS,
v.
JEM CONSTRUCTION CORPORATION, KENT INSURANCE COMPANY AND VEDADO DEVELOPMENT CORPORATION AND HARTFORD ACCIDENT & INDEMNITY COMPANY, APPELLEES

Fla. 3d DCA | 1984-05-22
No. 83-1037
Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.
452 So. 2d 54 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 12 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the granting of the defendants’ motions for summary judgment by the trial court upon a holding that the plaintiffs injury was proximately caused by the unforeseeable intervening actions of a third party and the plaintiff. These intervening causes led to the highly unusual event which resulted in the plaintiff’s injury. See Stahl v. Metropolitan Dade County, 438 So. 2d 14 (Fla. 3d DCA 1983); Fellows v. Citizens Federal Savings & Loan Association of St. Lucie County, 383 So. 2d 1140 (Fla. 4th DCA 1980); Pope v. Cruise Boat Co., Inc., 380 So. 2d 1151 (Fla. 3d DCA 1980); see also Gibson v. Avis Rent-A-Car System, Inc., 386 So. 2d 520 (Fla.1980) (when some separate force or action is the intervening cause of the damages suffered by another a negligent person is not liable). We therefore do not reach the issue of the liability of the adjacent landowner or his agents.

Affirmed.


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Citator

Cited By

  • Stevens v. State, 642 So. 2d 828 (Fla. 2d DCA 1994)
    …as not introduced for its truth, but to show its effect on appellant. It was properly admissible as verbal acts since it served to prove the nature of the act or transaction. See Decile v. State, 516 So. 2d 1139 (Fla. 4th DCA 1987); Araujo v. State, 452 So. 2d 54, 56 n. 4 (Fla. 3d DCA 1984). Contrast Harris v. State, 544 So. 2d 322 (Fla. 4th DCA 1989). The officer was merely relating what he saw and heard to show that appellant participated in the offense. The complained-of testimony, based on the officer’s…
  • Sastre v. State, 487 So. 2d 1137 (Fla. 3d DCA 1986)
    …. 3d DCA 1983); Beasley v. State, 354 So. 2d 934 (Fla. 2d DCA 1978). The State did argue on closing argument that the defendant, Sastre, did not produce any corroborating witness (Obie) and this may have been inadmissible argument. Araujo v. State, 452 So. 2d 54 (Fla. 3d DCA 1984). However, no objection to this argument was made and we do not find it to be fundamental error. Gordon v. State, 469 So. 2d 795 (Fla. 4th DCA 1985); Blackburn v. State, 447 So. 2d 424 (Fla. 5th DCA 1984); Jordan v. State, 419 So.…
  • Quincy Bernard Jones v. State, 907 So. 2d 1256 (Fla. 5th DCA 2005)
    …o reasons for our denial: 1) it is untimely, having been filed 33 days after this court’s order dismissing the original petition; and 2) it is improper to raise new issues in a motion for rehearing as this motion attempts to do. See Araujo v. State, 452 So. 2d 54 (Fla. 3d DCA 1984). Because of Jones’ numerous filings in this court, we caution Jones against filing additional successive and improper pleadings.1 Further abuse of the appellate process may subject Jones to an order barring him from filing any a…

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