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Vazquez v. Xtra Super Food Centers, Inc.

District Court of Appeal of Florida, Third District
Feb 25, 1992
593 So. 2d 332 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1386.

February 25, 1992.

An Appeal from the Circuit Court for Dade County; Ronald M. Friedman, Judge.

Robert C. Lane, Jr., Coral Gables, for appellant.

Gaebe, Murphy, Mullen, Antonelli Gerlin and Mark R. Antonelli, Coral Gables, for appellee.

Before JORGENSON, COPE and GODERICH, JJ.


Belquis Vazquez appeals a summary final judgment in favor of Xtra Food Centers, Inc. While shopping in an Xtra food store, Vazquez slipped on a piece of candy and fell, injuring herself. We conclude that the trial court correctly entered summary judgment, as the undisputed facts do not show actual notice by Xtra that there was candy in the shopping aisle, nor were the facts such as to raise an issue regarding constructive notice. See Smith v. Winn Dixie Stores, Inc., 528 So.2d 987 (Fla. 3d DCA 1988); Friedman v. Biscayne Restaurant, Inc., 254 So.2d 831, 831-32 (Fla. 3d DCA 1971).

Affirmed.


Summaries of

Vazquez v. Xtra Super Food Centers, Inc.

District Court of Appeal of Florida, Third District
Feb 25, 1992
593 So. 2d 332 (Fla. Dist. Ct. App. 1992)
Case details for

Vazquez v. Xtra Super Food Centers, Inc.

Case Details

Full title:BELQUIS VAZQUEZ, APPELLANT, v. XTRA SUPER FOOD CENTERS, INC., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 25, 1992

Citations

593 So. 2d 332 (Fla. Dist. Ct. App. 1992)