DAVID ROMAN, ET AL., APPELLANTS,
v.
CITY OF MIAMI, ET AL., APPELLEES
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PER CURIAM.
David Roman appeals from an order of final summary judgment entered in favor of Rolando Martinez. We affirm. See May v. Crounse, 598 So. 2d 303 (Fla. 3d DCA) (landowner under no duty to keep abutting sidewalk free of accumulated debris), rev. denied, 606 So. 2d 1165 (Fla.1992); Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla. 3d DCA 1980) (hotel has no duty to maintain abutting public sidewalk); see also Mahoney v. Burger King Corp., 600 So. 2d 1252 (Fla. 3d DCA 1992) (summary judgment for property owner appropriate where plaintiff presented no evidence that owner had actual or constructive knowledge of condition that allegedly caused fall).
As to the claims against the City of Miami, we do not have jurisdiction and dismiss the appeal. See Metro-Dade Police Dept. v. Hidalgo, 601 So. 2d 1259 (Fla. 3d DCA 1992) (where appellant fails to file timely notice of appeal from order to be reviewed, this court is without subject matter jurisdiction).
Affirmed as to appellee Martinez; appeal dismissed as to the City of Miami.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mininson v. Allright Miami, Inc., 732 So. 2d 389 (Fla. 3d DCA 1999)…llright’s favor, citing to Sullivan v. Silver Palm Properties, Inc., 558 So. 2d 409 (Fla.1990) (holding that landowner did not have duty to retard subterranean root growth of trees located adjacent to public right-of-way) and Roman v. City of Miami, 636 So. 2d 882 (Fla. 3d DCA 1994) (same). We affirm. The. agreement between the lot owner and Allright provided: Manager assumes no responsibility for the pavement covering the facility (except where same is damaged by Manager or its agents or employees but only…
Authorities Cited
- Teresita Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla. 3d DCA 1980)
- Mahoney v. Burger King Corp., 600 So. 2d 1252 (Fla. 3d DCA 1992)
- Metro-Dade Police Dep't OF Dade Cnty. v. Alphonso Hidalgo, 601 So. 2d 1259 (Fla. 3d DCA 1992)
- Jackson v. State, 598 So. 2d 303 (Fla. 3d DCA 1992)
- MAY v. Crounse, 598 So. 2d 303 (Fla. 3d DCA 1992)