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Leary v. First Property Mgmt. Corp.

District Court of Appeal of Florida, Third District
Feb 9, 1993
613 So. 2d 580 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-1080.

February 9, 1993.

Appeal from the Circuit Court, Dade County, Maria M. Korvick, J.

Ronald S. Lowy, Miami Beach, and Sharon L. Christenbury, Miami, for appellant.

Kubicki, Draper, Gallagher McGrane and Betsy E. Gallagher, and Julio Jaramillo, Miami, for appellee.

Before SCHWARTZ, C.J., and FERGUSON and LEVY, JJ.


In defense of a summary judgment, the appellee relies upon an inference that a trip and fall in the vicinity of a crack in a sidewalk may have been caused by something other than the crack itself. That inference conflicts with the plaintiff's claim that the crack caused the fall and, at best, creates an issue of fact. The burden of the movant for summary judgment, to demonstrate conclusively the nonexistence of any genuine issue of law or fact on the issue of liability, Prudential-LMI Commercial Ins. Co. v. Sears Roebuck Co., 572 So.2d 15 (Fla. 3d DCA 1990), was not carried.

Reversed and remanded for further proceedings.


Summaries of

Leary v. First Property Mgmt. Corp.

District Court of Appeal of Florida, Third District
Feb 9, 1993
613 So. 2d 580 (Fla. Dist. Ct. App. 1993)
Case details for

Leary v. First Property Mgmt. Corp.

Case Details

Full title:ESSIE LEARY, APPELLANT, v. FIRST PROPERTY MANAGEMENT CORP., AN ILLINOIS…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 9, 1993

Citations

613 So. 2d 580 (Fla. Dist. Ct. App. 1993)