CYNTHIA OWENS AND TIMOTHY OWENS, HER HUSBAND, APPELLANTS,
v.
LEISURE MANAGEMENT MIAMI, INC., APPELLEE

Fla. 3d DCA | 1994-02-01
No. 93-1434
Before JORGENSON, GERSTEN and GODERICH, JJ.
632 So. 2d 95 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 27 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse this summary final judgment in a slip-and-fall case. Summary judgment is improper where material questions of fact exist. Holl v. Talcott, 191 So. 2d 40 (Fla. 1966).

Reversed and remanded for further proceedings.


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Cited By (15 total)

  • Keona Murray v. State, 890 So. 2d 451 (Fla. 2d DCA 2004)
    …ainst officer was properly sentenced consecutively to the violent career criminal sentence for offenses within store “because they involved different victims at different locations with a temporal break, albeit brief, between them”); Smith v. State, 632 So. 2d 95, 97 (Fla. 2d DCA 1994) (holding that consecutive habitual violent felony offender (HVFO) sentences were appropriate where defendant robbed one victim “of her personal jewelry in the back of the store [and] then, he robbed [another] employee at the f…
  • Eblin v. State, 677 So. 2d 388 (Fla. 2d DCA 1996)
    …offender for some cases and under the guidelines for other cases at the same hearing, it is improper to score the crimes for which he receives habitual offender treatment as additional offenses in calculating the guidelines sentence. Smith v. State, 632 So. 2d 95, 96 (Fla. 2d DCA), appeal dismissed, 639 So. 2d 981 (Fla.1994); Ricardo v. State, 608 So. 2d 93 (Fla. 2d DCA 1992). Had the two burglaries not been counted as additional offenses here, Eb-lin’s guidelines range would have been 54.9 to 91.5 months’ i…
  • Negusse Staley v. State, 829 So. 2d 400 (Fla. 2d DCA 2002)
    …ences imposed under a sentencing enhancement statute may not run consecutively if the offenses occurred during a single criminal episode. Brooks v. State, 630 So. 2d 527, 527 (Fla.1993); Hale v. State, 630 So. 2d 521, 524 (Fla.1993); Smith v. State, 632 So. 2d 95, 97 (Fla. 2d DCA 1994). In order to determine whether offenses occurred during a single criminal episode, courts look to whether there are multiple victims, whether the offenses occurred in multiple locations, and whether there has been a “temporal…

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