Moraes v. City of Miami

Full title: CARLOS MORAES, Appellant, v. CITY OF MIAMI, A Municipal Corporation, State…

Court: District Court of Appeal of Florida, Third District

Date published: Oct 16, 2002

827 So. 2d 1104 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D02-177

Opinion filed October 16, 2002.

An appeal from the Circuit Court for Dade County, Philip Bloom, Judge. Lower Tribunal No. 99-24635.

Michael R. Miller, Orlando, and Gail Scopinich, North Miami Beach, for appellant.

Carman, Beauchamp Sang and Rhea P. Grossman, Miami, for appellee Traffic Control Devices, Inc.

George, Hartz, Lundeen Fulmer and Michael L. Glass, Coral Gables, for appellee Homestead Concrete.

Before COPE, LEVY and GREEN, JJ.

PER CURIAM.

As the evidence is clear that the appellees had not taken physical possession of the work site and had not begun construction on it, the summary judgment is affirmed. See Verges v. Pacheco Sons, Inc., 822 So.2d 542 (Fla.3d DCA 2002); Cruz v. Gables Colony, Ltd., 579 So.2d 278 (Fla.3d DCA 1991).

Affirmed.