ALLAN H. APPLESTEIN, APPELLANT,
v.
GUSTAVE SIMONS AND NATIONAL SURETY CORPORATION, APPELLEES

Fla. 3d DCA | 1989-07-12
No. 88-2931
556 So. 2d 748 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 4 cases

Opinion of the Court

Appeal dismissed as moot. See Frank Silvestri Invs., Inc. v. Sullivan, 486 So. 2d 20 (Fla. 5th DCA 1986); Planes v. Planes, 468 So. 2d 366 (Fla. 3d DCA 1985).


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  • Kopf v. City OF Miami Beach, 653 So. 2d 1046 (Fla. 3d DCA 1995)
    …), review denied, 601 So. 2d 553 (Fla.1992); Hogan v. Chupka, 579 So. 2d 395, 397 (Fla. 3d DCA 1991) (citing Restatement (Second) of Torts § 343A; negligent maintenance of sidewalk and pavement in front of store exit); Gloris v. Williams Paving Co., 556 So. 2d 748, 749 (Fla. 3d DCA 1989) (citing [*1049] Restatement (Second) of Torts § 343A; pedestrian proceeded into area where sidewalk under construction; factual issue remained regarding whether defendant had negligently obstructed only available pathway); cf…
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  • Warren v. State, 559 So. 2d 387 (Fla. 3d DCA 1990)
    …CA 1983); see Camillo v. Department of Transp., 546 So. 2d 4 (Fla. 3d DCA 1988), review denied, 547 So. 2d 1209 (Fla.1989). Compare Pope v. Cruise Boat Co., 380 So. 2d 1151 (Fla. 3d DCA 1980) (pedestrian). Compare also Gloris v. Williams Paving Co., 556 So. 2d 748 (Fla. 3d DCA 1989) (pedestrian). The record thus presents jury questions as to whether her riding the bike was either only comparatively negligent, or not contributorily negligent at all, and whether, conversely, the DOT’s negligence as to the sidew…
  • Boyle v. Hernando Beach S. Prop. Owners Ass'n, Inc., 124 So. 3d 317 (Fla. 5th DCA 2013)
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