SONDRA FROST, APPELLANT,
v.
QUATRAINE CONDOMINIUM ASSOCIATION, INC., APPELLEE
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PER CURIAM.
Sondra Frost appeals the granting of a directed verdict in favor of appellee Qua-traine Condominium I Association, Inc. Under the rule of Kala Investments, Inc. v. Sklar, 538 So. 2d 909 (Fla. 3d DCA), review denied, 551 So. 2d 460, 551 So. 2d 461 (Fla.1989), Quatraine was entitled to rely on the certificate of occupancy as showing compliance with the South Florida Building Code. Construing the record in the light most favorable to the plaintiff as the non-moving party, see Sylvester v. City of Delray Beach, 486 So. 2d 607, 608 (Fla. 4th DCA 1986) (on rehearing); McDonald v. McGowan, 402 So. 2d 1197, 1199 (Fla. 5th DCA), review dismissed sub nom. Allmon v.- McDonald, 411 So. 2d 380 (Fla. 1981); see also Vasques v. Lopez, 509 So. 2d 1241, 1243 (Fla. 4th DCA 1987), we conclude that the claimed defect (a Vi6 inch variation in the height of one stair) was latent, and that there was no evidence charging Quatraine with actual or constructive notice of the claimed defect. The directed verdict was properly granted and the judgment is affirmed.
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Spadafora v. Carlo, 569 So. 2d 1329 (Fla. 2d DCA 1990)…f the building code. If a homeowner were unaware of the dangerous condition, the homeowner might be entitled to rely on the contractor or the building inspector for compliance with the building code. See e.g., Frost v. Quatraine Condominium I Ass’n, 569 So. 2d 476 (Fla. 3d DCA 1990); Kala Invs., Inc. v. Sklar, 538 So. 2d 909 (Fla. 3d DCA), review denied, 551 So. 2d 461 (Fla.1989). See also Slavin v. Kay, 108 So. 2d 462 (Fla.1958). In this case, even without relying upon the building code, there is evidence o…
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Liese v. Indian River Cnty. Hosp. Dist., 701 F.3d 334 (11th Cir. 2012)…gs — which remained ambiguous as to the federal law or regulations at issue even through her motion opposing summary judgment — ever establish a sufficiently specific duty to allow relief under an evidence of negligence theory. See Murray v. Briggs, 569 So. 2d 476, 481 (Fla. 5th Dist.Ct.App.1990) (“At the very least, any regulation that purports to establish a duty of reasonable care must be specific. One that sets out only a general or abstract standard of care cannot establish negligence.” (citations omitte…
Authorities Cited
- McDONALD v. McGOWAN, 402 So. 2d 1197 (Fla. 5th DCA 1981)
- Wellinghoff v. Ray Lopez, M.D., 538 So. 2d 909 (Fla. 3d DCA 1989)
- Kala Invs., Inc. v. Sklar, 538 So. 2d 909 (Fla. 3d DCA 1989)
- Vasques v. Marcelino Lopez, 509 So. 2d 1241 (Fla. 4th DCA 1987)
- Sylvester v. City OF Delray Beach, 486 So. 2d 607 (Fla. 4th DCA 1986)