STEVE MCDONALD, APPELLANT,
v.
FLORIDA POWER CORPORATION, ETC. APPELLEE

Fla. 5th DCA | 1989-04-13
No. 88-1961
GOSHORN, J., and CONRAD, R.F., Associate Judge, concur.
541 So. 2d 766 Florida District Court of Appeal, Fifth District (1989) Positive Treatment
Cited by 5 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a summary judgment in a personal injury case. Appellant claims he was injured by a falling window and frame which he says was improperly maintained. He alleges, and has established sufficiently for summary judgment purposes, that it was the duty of appellee, as landowner, to provide safe premises for him, as an invitee. We agree. The summary judgment is reversed and this cause remanded.

REVERSED and REMANDED.

GOSHORN, J., and CONRAD, R.F., Associate Judge, concur.

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  • Bocharski v. The Cir. Court OF the Second Jud. Cir., 552 So. 2d 946 (Fla. 1st DCA 1989)
    …case of rebellion or invasion, suspension is essential to the public safety. A petitioner is not required to either pay a filing fee or submit an oath of indigency before his petition for writ of habeas corpus will be processed. Bradley v. Sturgis, 541 So. 2d 766 (Fla. 5th DCA 1989). The petition for writ of mandamus is granted. The clerk of the circuit court is directed to deliver to the assigned judge the petition for writ of habeas corpus without any further delay at no cost to petitioner. Writ issued.…
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    …. .1, § 13, Fla. Const, -(emphasis added). District courts have enforced this constitutional mandate unequivocally. Bocharski v. Circuit Court of Second Judicial Circuit In and For Leon County, 552 So. 2d 946 (Fla. 1st DCA 1989); Bradley v. Sturgis, 541 So. 2d 766 (Fla. 5th DCA 1989). But where the claim is not based on the assertion that a person is detained without lawful authority, but. solely on the claim that, administration of the detention is not in accord with the agency’s own rules, then other consid…
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