STEVEN BIRCH, APPELLANT,
v.
CAPELETTI BROTHERS, INC., APPELLEE
STEVEN BIRCH, APPELLANT,
CAPELETTI BROTHERS, INC., APPELLEE
478 So. 2d 454
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 37 cases
Opinion of the Court
PER CURIAM.
The defendant contractor having conclusively demonstrated that the defects in the bridge roadbed which allegedly caused the plaintiffs injury were open and obvious and that the State Department of Transportation, the owner of the bridge, accepted the contractor’s work and put the bridge in use some ten years earlier, the summary judgment for the defendant is affirmed. See Slavin v. Kay, 108 So. 2d 462 (Fla.1959); Mori v. Industrial Leasing Corporation, 468 So. 2d 1066 (Fla. 3d DCA 1985).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Easterday v. Masiello, 518 So. 2d 260 (Fla. 1988)…ings, Inc. v. Calvera, 239 So. 2d 264 (Fla.1970); Mai Kai, Inc. v. Colucci, 205 So. 2d 291 (Fla.1967); Jackson v. L.A.W. Contracting Corp., 481 So. 2d 1290 (Fla. 5th DCA), review denied, 492 So. 2d 1333 (Fla.1986); Birch v. Capeletti Brothers, Inc., 478 So. 2d 454 (Fla. 3d DCA 1985); Mori v. Industrial Leasing Corp., 468 So. 2d 1066 (Fla. 3d DCA 1985); Neumann v. Davis Water & Waste, Inc., 433 So. 2d 559 (Fla. 2d DCA), petition for review denied, 441 So. 2d 632 (Fla.1983); Conley v. Coral Ridge Properties, In…
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Kala Invs., Inc. v. Sklar, 538 So. 2d 909 (Fla. 3d DCA 1989)…t is latent) with Seitz v. Zac Smith & Co., Inc., 500 So. 2d 706 (Fla. 1st DCA 1987) (summary judgment affirmed where all parties agreed that missing peg was an obvious defect discoverable upon reasonable inspection) and Birch v. Capeletti Brothers, 478 So. 2d 454 (Fla. 3d DCA 1985) (summary judgment affirmed upon conclusive evidence that defect in bridge roadbed was obvious to Department of Transportation) and Mori v. Industrial Leasing Corp., 468 So. 2d 1066 (Fla. 3d DCA 1985) (dismissal of complaint agains…
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The City OF ST. Petersburg Beach v. Jewell, 489 So. 2d 78 (Fla. 2d DCA 1986)…se criminal statutes should be strictly construed, Earnest v. State, 351 So. 2d 957 (Fla.1977), and forfeiture statutes should be strictly construed in favor of the party against whom forfeiture is sought, Cabrera v. Department of Natural Resources, 478 So. 2d 454 (Fla. 3d DCA 1985); Coleman v. Brandon, 426 So. 2d 44 (Fla. 2d DCA 1982); In re 36’ Uniflite, the “Pioneer I”, 398 So. 2d 457 (Fla. 5th DCA 1981). We need not address whether the use of a fraudulently obtained title certificate or driver’s license…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Slavin v. Sanford KAY, 108 So. 2d 462 (Fla. 1958)
- Mori v. Indus. Leasing Corp., 468 So. 2d 1066 (Fla. 3d DCA 1985)