Garcia v. Collazo

District Court of Appeal of Florida

Garcia v. Collazo

758 So. 2d 721, 2000 Fla. App. LEXIS 4299, 2000 WL 368649

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 2000

DocketNo. 3D99-565

StatusPublished

Cited by1 cases

This text of 758 So. 2d 721 (Garcia v. Collazo) 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.

Bluebook

Garcia v. Collazo, 758 So. 2d 721, 2000 Fla. App. LEXIS 4299, 2000 WL 368649 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

We reverse the order granting the defendant landlord final summary judgment. “The open and obvious nature of the hazard does not provide an avenue of relief. ...” Jauma v. City of Hialeah, 758 So.2d 696, 698 (Fla. 3d DCA 2000). “[Although the open and obvious nature of a hazard may discharge a landowner’s duty to warn, it does not discharge the duty to maintain the property in a reasonably safe condition.” Kersul v. Boca Raton Community Hosp., Inc., 711 So.2d 234, 234 (Fla. 4th DCA 1998); see Lotto v. Point East Two Condominium Corp., 702 So.2d 1361 (Fla. 3d DCA 1997).

Reversed and remanded.

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PER CURIAM.

We reverse the order granting the defendant landlord final summary judgment. “The open and obvious nature of the hazard does not provide an avenue of relief. ...” Jauma v. City of Hialeah, 758 So.2d 696, 698 (Fla. 3d DCA 2000). “[Although the open and obvious nature of a hazard may discharge a landowner’s duty to warn, it does not discharge the duty to maintain the property in a reasonably safe condition.” Kersul v. Boca Raton Community Hosp., Inc., 711 So.2d 234, 234 (Fla. 4th DCA 1998); see Lotto v. Point East Two Condominium Corp., 702 So.2d 1361 (Fla. 3d DCA 1997).

Reversed and remanded.

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Bluebook (online)

758 So. 2d 721, 2000 Fla. App. LEXIS 4299, 2000 WL 368649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-collazo-fladistctapp-2000.

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