Broward County v. Lesser

District Court of Appeal of Florida

Broward County v. Lesser

658 So. 2d 1244, 1995 Fla. App. LEXIS 8868, 1995 WL 497282

CourtDistrict Court of Appeal of Florida

DecidedAugust 23, 1995

DocketNo. 94-1034

StatusPublished

This text of 658 So. 2d 1244 (Broward County v. Lesser) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Broward County v. Lesser, 658 So. 2d 1244, 1995 Fla. App. LEXIS 8868, 1995 WL 497282 (Fla. Ct. App. 1995).

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Opinion

PARIENTE, Judge.

Broward County appeals from a summary judgment in favor of its co-defendant, the City of Sunrise. Granting summary judgment in favor of Sunrise, under the facts of this case, was effectively a determination that Broward County owned the roadway. We reverse, finding that the record contains genuine issues of material fact as to whether Broward County or Sunrise owned or controlled the roadway where plaintiff was injured and which governmental entity had the duty to maintain the roadway. See Lukan-cich v. City of Tampa, 583 So.2d 1070, 1073 (Fla. 2d DCA 1991).

REVERSED AND REMANDED.

STONE and SHAHOOD, JJ., concur.

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PARIENTE, Judge.

Broward County appeals from a summary judgment in favor of its co-defendant, the City of Sunrise. Granting summary judgment in favor of Sunrise, under the facts of this case, was effectively a determination that Broward County owned the roadway. We reverse, finding that the record contains genuine issues of material fact as to whether Broward County or Sunrise owned or controlled the roadway where plaintiff was injured and which governmental entity had the duty to maintain the roadway. See Lukan-cich v. City of Tampa, 583 So.2d 1070, 1073 (Fla. 2d DCA 1991).

REVERSED AND REMANDED.

STONE and SHAHOOD, JJ., concur.

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658 So. 2d 1244, 1995 Fla. App. LEXIS 8868, 1995 WL 497282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broward-county-v-lesser-fladistctapp-1995.

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