WILLIAM WALKER, APPELLANT,
v.
WINN-DIXIE STORES, INC., APPELLEE

Fla. 5th DCA | 2002-06-07
Nos. 5D01-2402, 5D01-2848
GRIFFIN and ORFINGER, R.B., JJ., concur.
821 So. 2d 335 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
SAWAYA, J.

SAWAYA, J.

We grant William Walker’s motion for clarification, withdraw our previous opinion dated April 19, 2002, and issue the following opinion in its place.

William Walker appeals the summary final judgment entered in favor of Winn-Dixie Stores, Inc. in the personal injury action Mr. Walker filed to recover damages following his slip and fall on the supermarket’s premises. Pursuant to Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla.2001), the benefit of which the trial court lacked when deciding the summary judgment motion, this court must reverse the judgment and remand the case for trial. We also reverse the cost judgment rendered in favor of Winn Dixie Stores, Inc. REVERSED and REMANDED for further proceedings.

GRIFFIN and ORFINGER, R.B., JJ., concur.


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  • Renita West v. Wal-Mart Stores, Inc., 825 So. 2d 507 (Fla. 1st DCA 2002)
    …Whitworth v. Wal-Mart Stores, Inc., 805 So. 2d 1106 (Fla. 1st DCA 2002); Bien-Aime v. Miami-Dade County, 816 So. 2d 1176 (Fla. 3d DCA 2002); D'Aquisto v. Costco Wholesale Corp., 816 So. 2d 1231 (Fla. 5th DCA 2002); Walker v. Winn-Dixie Stores, Inc., 821 So. 2d 335 (Fla. 5th DCA 2002). REVERSED and REMANDED for further proceedings consistent with this opinion. ERVIN, BARFIELD AND Van NORTWICK, JJ., concur.…

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