Singer v. 3675 Bird Road, Inc.

Full title: HUBERT SINGER AND HENRY PEREZ, APPELLANTS, v. 3675 BIRD ROAD, INC., D/B/A…

Court: District Court of Appeal of Florida, Third District

Date published: Jun 6, 1989

543 So. 2d 1320 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2750.

June 6, 1989.

An Appeal from the Circuit Court for Dade County; George Orr, Judge.

DuFresne and Bradley and Lorraine C. Hoffman, Miami, for appellants.

Vernis Bowling and Calvin L. Fox, Miami, and Thomas J. McCausland, Fort Lauderdale, for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

PER CURIAM.

We affirm the trial court's entry of final summary judgment. The criminal attack on appellants was not foreseeable; thus, as a matter of law, appellees had no duty to take steps to prevent its occurrence. See Lomillo v. Howard Johnsons Co., 471 So.2d 1296 (Fla. 3d DCA 1985); Admiral's Port Condominium Assoc., Inc. v. Feldman, 426 So.2d 1054 (Fla.3d DCA), review denied, 434 So.2d 887 (Fla. 1983); Chateloin v. Flanigan's Enter., Inc., 423 So.2d 1002 (Fla. 3d DCA 1982); Badillo v. DeVivo, 161 Ill. App.3d 596, 113 Ill.Dec. 696, 515 N.E.2d 681, appeal denied, 117 Ill.2d 541, 115 Ill.Dec. 397, 517 N.E.2d 1083 (1987).

Affirmed.