Fernando Lopez v. Miami-Dade County

• Court: District Court of Appeal of Florida
• Decided: April 2, 2025
• Docket: 3D2023-1535
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 2, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1535 Lower Tribunal No. 20-19 ________________

Fernando Lopez, Appellant,

vs.

Miami-Dade County, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Ariana Fajardo Orshan, Judge.

Hoffman, Larin & Agnetti, P.A., and John B. Agnetti and David L. Perkins; Samson Appellate Law, and Daniel M. Samson, for appellant.

Geraldine Bonzon-Keenan, Miami-Dade County Attorney and Daniel Frastai, Assistant County Attorney, for appellee.

Before GORDO, BOKOR and GOODEN, JJ.

PER CURIAM. Affirmed. See Grier v. Metro. Dade Cnty., 660 So. 2d 273, 275 (Fla. 3d

DCA 1995) (“While the County is responsible for damages resulting from a

defect which has been in existence for so long that a reasonable inspection

would reveal it, the County is entitled to summary judgment where it has no

actual or constructive notice of the defect.”); San Miguel v. City of Miami, 760

So. 2d 979, 980 (Fla. 3d DCA 2000) (affirming summary judgment for city in

slip-and-fall negligence action where record was devoid of any indication of

city’s actual or constructive notice of dangerous condition created by loose

water meter cover).