ROSA SMITH AND COLUMBUS SMITH, APPELLANTS,
v.
WINN DIXIE STORES, INC., APPELLEE
ROSA SMITH AND COLUMBUS SMITH, APPELLANTS,
WINN DIXIE STORES, INC., APPELLEE
528 So. 2d 987
Florida District Court of Appeal, Third District (1988)
Caution
Cited by 23 cases
Opinion of the Court
PER CURIAM.
We affirm the summary judgment for the defendant, Winn Dixie Stores, Inc., because there is no evidence as to the length of time the “green leafy substance” upon which the plaintiff allegedly slipped was on the floor, and, as this court has observed, “the fact that there is no inspection for a given length of time in itself provides no proof that the defect was actually there for a sufficient period to place the landowner on reasonable notice of its existence.” McCanick v. W.J.A. Realty Limited Partnership, 516 So. 2d 1129, 1130 n. 1 (Fla. 3d DCA 1987).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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In re Guardianship of Albert Sitter. Nicky Valentini v. State, 779 So. 2d 346 (Fla. 2d DCA 2000)…he hourly rate claimed by the guardian, or with the reasonableness of the time she spent on some activities, or both. But if we assume that the court applied the $45 hourly rate it approved in the previous year, see Holman v. Guardianship of Ferber, 528 So. 2d 987 (Fla. 3d DCA 1988), the instant award compensated Valentini for only 62.4 hours [*348] over sixteen months, whereas the previous award paid her for 67.8 hours over only fourteen months. We have carefully compared Valentini’s detailed fee petitions…
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Wal-Mart Stores, Inc. v. King, 592 So. 2d 705 (Fla. 5th DCA 1991)…ave held the fact there was no inspection for a given length of time in itself provides no proof that the defect was actually there for a sufficient period to place a landowner on reasonable notice of its existence. Smith v. Winn Dixie Stores, Inc., 528 So. 2d 987 (Fla. 3d DCA 1988); McCanick v. W.J.A. Realty Limited Partnership, 516 So. 2d 1129, 1130 n. 1 (Fla. 3d DCA 1987). In addition, as the trial judge noted, there was no evidence of signs of age, such as skid marks, smudges, or the like. Thus, under Mar…
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Miller v. BIG C Trading, Inc., 641 So. 2d 911 (Fla. 3d DCA 1994)…s that: the fact there was no inspection for a given length of time in itself provides no proof that the defect was actually there for a sufficient period to place a landowner on reasonable notice of its existence. Smith v. Winn Dixie Stores, Inc., 528 So. 2d 987 (Fla. 3d DCA 1988); McCanick v. W.J.A. Realty Limited Partnership, 516 So. 2d 1129, 1130 n. 1 (Fla. 3d DCA 1987). Wal-Mart Stores, Inc. v. King, 592 So. 2d 705, 707 (Fla. 5th DCA 1991), review denied, 602 So. 2d 942 (Fla.1992). In reaching this con…
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- McCANICK v. W.J.A. Realty Ltd. P'ship, 516 So. 2d 1129 (Fla. 3d DCA 1987)