MARY PEARCE AND FREDERICK PEARCE, HER HUSBAND, APPELLANTS,
v.
REL ENTERPRISES, D/B/A POMPANO BEACH HOLIDAY INN, APPELLEE
MARY PEARCE AND FREDERICK PEARCE, HER HUSBAND, APPELLANTS,
REL ENTERPRISES, D/B/A POMPANO BEACH HOLIDAY INN, APPELLEE
467 So. 2d 430
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Schoen v. Gilbert, 436 So. 2d 75 (Fla.1983); Landers v. Milton, 370 So. 2d 368 (Fla.1979); Holl v. Talcott, 191 So. 2d 40 (Fla.1966); and Nielsen v. City of Sarasota, 110 So. 2d 417 (Fla. 2d DCA 1959).
WALDEN, J., and CARLISLE, JAMES T., Associate Judge, concur. ANSTEAD, C.J., dissents with opinion.
Dissent
ANSTEAD, Chief Judge,
dissenting:
In this negligence action for personal injuries, I do not believe the appellee sustained its heavy burden to demonstrate the absence of genuine issues of material fact entitling it to summary judgment. There is no question but that the record, consisting of Mrs. Pearce’s expert’s affidavit, does not factually pinpoint the cause of her fall or the unsafe condition alleged to exist. However, in my view it was not her burden to do so in response to a motion for summary judgment. In addition, the expert’s affidavit, while fuzzy in its particulars, does state an opinion, predicated upon an examination of Mrs. Pearce’s statement and an examination of the premises in question, that an unsafe condition on appellee’s premises caused Mrs. Pearce’s fall. I would reverse for further development of the facts.
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Hughes v. State, 565 So. 2d 354 (Fla. 1st DCA 1990)…ceptions, of course, when appellant can articulate an issue or issues [*356] identified in Robinson as appealable under these circumstances. See Daniels v. State, 476 So. 2d 304 (Fla. 1st DCA 1985) (correction of written judgment); Wickett v. State, 467 So. 2d 430 (Fla. 4th DCA 1985) (sentence exceeded maximum penalty for crime to which appellant pled guilty); Knowlton v. State, 466 So. 2d 278 (Fla. 4th DCA), review denied, 476 So. 2d 675 (Fla.1985) (sentencing guidelines departure). Unfortunately, the parti…
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Adamo v. State, 496 So. 2d 252 (Fla. 4th DCA 1986)…xpress waiver on the record, has lost his right to a direct appeal. We disagree with this contention. An alleged illegal sentence may be attacked either pursuant to Rule 3.850, Florida Rules of Criminal Procedure, or by appeal. See Wickett v. State, 467 So. 2d 430 (Fla. 4th DCA 1985); Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981). See also Noble v. State, 353 So. 2d 819 (Fla.1977). There is no reason to distinguish a challenge to a probation condition from any other claim of fundamental sentencing erro…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)
- Schoen v. Gilbert, 436 So. 2d 75 (Fla. 1983)
- Nielsen v. City OF Sarasota, 110 So. 2d 417 (Fla. 2d DCA 1959)