FERNANDO LOPEZ
v.
MIAMI-DADE COUNTY
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A governmental entity is entitled to summary judgment in a negligence action when the record contains no evidence of actual or constructive notice of the alleged dangerous condition.
[1] A governmental entity is entitled to summary judgment in a negligence action where the record contains no evidence of actual or constructive notice of the alleged dangero…
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Join FLexlaw to unlock all legal intelligence“While the County is responsible for damages resulting from a defect which has been in existence for so long that a reasonable inspection would reveal it, the County is entitled to summary judgment where it has no actual or constructive notice of the defect.”
Grier v. Metro. Dade Cnty., 660 So. 2d 273, 275 (Fla. 3d DCA 1995)
Fernando Lopez appealed from a summary judgment entered in favor of Miami-Dade County in a negligence action. The record was devoid of any indication …
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Third District Court of Appeal State of Florida
Opinion filed April 2, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1535 Lower Tribunal No. 20-19 ________________
Fernando Lopez, Appellant,
vs.
Miami-Dade County, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Ariana Fajardo Orshan, Judge.
Hoffman, Larin & Agnetti, P.A., and John B. Agnetti and David L. Perkins; Samson Appellate Law, and Daniel M. Samson, for appellant.
Geraldine Bonzon-Keenan, Miami-Dade County Attorney and Daniel Frastai, Assistant County Attorney, for appellee.
Before GORDO, BOKOR and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Grier v. Metro. Dade Cnty., 660 So. 2d 273, 275 (Fla. 3d DCA 1995) (“While the County is responsible for damages resulting from a defect which has been in existence for so long that a reasonable inspection would reveal it, the County is entitled to summary judgment where it has no actual or constructive notice of the defect.”); San Miguel v. City of Miami, 760 So. 2d 979, 980 (Fla. 3d DCA 2000) (affirming summary judgment for city in slip-and-fall negligence action where record was devoid of any indication of city’s actual or constructive notice of dangerous condition created by loose water meter cover).