MARIE ELENA IANNACONE, A MINOR, BY HER FATHER AND NEXT FRIEND, DOMENIC A. IANNACONE, AND DOMENLE A. IANNACONE, INDIVIDUALLY, APPELLANTS,
v.
CITY OF NORTH MIAMI BEACH, A MUNICIPAL CORPORATION, APPELLEE
MARIE ELENA IANNACONE, A MINOR, BY HER FATHER AND NEXT FRIEND, DOMENIC A. IANNACONE, AND DOMENLE A. IANNACONE, INDIVIDUALLY, APPELLANTS,
CITY OF NORTH MIAMI BEACH, A MUNICIPAL CORPORATION, APPELLEE
123 So. 2d 755
Florida District Court of Appeal, Third District (1960)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Affirmed. See Hillman v. Greater Miami Hebrew Academy, Fla. 1954, 72 So.2d 668; Miller v. Board of Education Union Free School District No. 1, Town of Oyster Bay, 249 App.Div. 738, 291 N.Y.S. 633; Fein v. Board of Education of City of New York, Sup., 104 N.Y.S.2d 996, 999; Seda v. Board of Education of City of New York, 2 A.D.2d 666, 152 N.Y.S.2d 356.
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Izaak Walton League OF Am. v. Monroe Cnty. & Windley Key, Ltd., 448 So. 2d 1170 (Fla. 3d DCA 1984)…rence with the vote even of a commissioner with an identifiable personal interest in the particular issue. City of Miami Beach v. Schauer, 104 So. 2d 129 (Fla. 3d DCA 1958), cert. discharged, 112 So. 2d 838 (Fla.1959); compare Fossey v. Dade County, 123 So. 2d 755 (Fla. 3d DCA 1960) (disqualifying county commissioner under specific terms of county charter). As an aspect of this rule, the law is clear that political officeholders may not be prevented from performing the duties they have been elected to discha…
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Ruiz v. Westbrooke Lake Homes, Inc., 559 So. 2d 1172 (Fla. 3d DCA 1990)…ledge that children younger than this in [*1174] fant make safe use of this type of apparatus and similar apparatus in school yards and playgrounds.” Miller, 291 N.Y.S. at 634. Another Florida case is that of Iannacone v. City of North Miami Beach, 123 So. 2d 755 (Fla. 3d DCA 1960), which not only cites to Hillman and Miller, but also cites to several other New York cases. From these cited cases it appears, among other things, that liability will not lie where the child’s own act, rather than an alleged insu…
Authorities Cited
- Hillman v. Greater Miami Hebrew Acad. (two cases), 72 So. 2d 668 (Fla. 1954)