MEREDITH SPARKS, APPELLANT,
v.
SALLY A. KINTZING, APPELLEE

Fla. 3d DCA | 1986-04-01
No. 85-1846
Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
487 So. 2d 331 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Allen v. Enslow, 423 So. 2d 616 (Fla. 1st DCA 1982); see Rotolante v. Dasilva, 460 So. 2d 560 (Fla. 3d DCA 1984); Martinez v. Schiffman, 402 So. 2d 605 (Fla. 3d DCA 1981); O’Steen v. Kemmerer, 344 So. 2d 313 (Fla. 1st DCA 1977).


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  • Roberts v. Shop & GO, Inc., 502 So. 2d 915 (Fla. 2d DCA 1986)
    …354 So. 2d 54 (Fla.1977), but it may also be determined as a matter of law in the circumstance where, as here, the intervening act is merely “possible” rather than “probable.” Guice v. Enfinger, 389 So. 2d 270 (Fla. 1st DCA 1980); see Rios v. Junco, 487 So. 2d 331 (Fla. 3d DCA 1986). We find the Third District’s most recent expression of the doctrine we followed in Eppard particularly supportive of our result in the matter at hand: It is said that [foreseeability] will be decided as a matter of law only in…
  • Hialeah Hotel, Inc. v. Talley, 790 So. 2d 466 (Fla. 3d DCA 2001)
    …3), breached no cognizable duty, and created no “zone of risk,” McCain v. Florida Power Corp., 593 So. 2d 500 (Fla.1992), to the plaintiffs, who were engaged in the commission of unlawful acts they affirmatively wished to conceal. See Rios v. Junco, 487 So. 2d 331 (Fla. 3d DCA 1986), review denied, 494 So. 2d 1152 (Fla.1986); Iber v. R.P.A., Int’l Corp., 585 So. 2d 367, 368 n. 1 (Fla. 3d DCA 1991); see also Anicet v. Gant, 580 So. 2d 273 (Fla. 3d DCA 1991), review denied, 591 So. 2d 181 (Fla.1991).2 The trial…
  • Aguinsky v. Spring Lakes Vill. Condo. Ass'n, Inc., 489 So. 2d 872 (Fla. 3d DCA 1986)
    …PER CURIAM. Affirmed. See Rois v. Junco, 487 So. 2d 331 (Fla. 3d DCA 1986); Vermont Mutual Insurance Co. v. Conway, 358 So. 2d 123 (Fla. 1st DCA 1978).…

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