JOHN R. RHODES, APPELLANT,
v.
MARION RHODES, APPELLEE
JOHN R. RHODES, APPELLANT,
MARION RHODES, APPELLEE
311 So. 2d 177
Florida District Court of Appeal, Fourth District (1975)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We have carefully reviewed the briefs and record in this case, including the transcript of the testimony. Though the appellate questions are close, they are essentially questions of fact. The trial judge observed the witness and obviously rejected some aspects of the testimony. This is his prerogative. Accordingly, we feel obligated to affirm the order on appeal.
Affirmed.
CROSS and DOWNEY, JJ., and VANN, HAROLD R., Associate Judge, concur.
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Beattie v. City OF Coral Gables, 358 So. 2d 1131 (Fla. 3d DCA 1978)…ors, Inc. and its insurer Travelers Insurance Company on the ground that Bill Ussery Motors, Inc. owed no duty to the plaintiff to maintain the sidewalk herein in a safe condition. Woods v. City of Palatka, 63 So. 2d 636 (Fla.1953); Gornto v. Marks, 311 So. 2d 177 (Fla. 1st DCA 1975). We find the other contention raised by the appellant on this appeal to be without merit. Affirmed as to the defendant Bill Ussery Motors, Inc. and its insurer Travelers Insurance Company; reversed and remanded for further proce…
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Schupbach v. City OF Sarasota, 765 So. 2d 131 (Fla. 2d DCA 2000)…is whether, by passing section 30-26, the City of Sarasota imposed a duty of care upon abutting landowners enforceable by a private cause of action. We hold it does not. Past cases have examined similar but not identical issues. In Gornto v. Marks, 311 So. 2d 177 (Fla. 1st DCA 1975), the First District held that a City of Jacksonville ordinance did not impose liability upon an abutting owner for injuries sustained in a trip and fall on a public sidewalk. The Jacksonville ordinance, like Sarasota’s, required…
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