Garcia v. Garcia

District Court of Appeal of Florida

Garcia v. Garcia

481 So. 2d 1278, 11 Fla. L. Weekly 234, 1986 Fla. App. LEXIS 5974

District Court of Appeal of Florida·Decided January 21, 1986·No. No. 85-1397·Published

Opinion

PER CURIAM.

We agree with plaintiff, a dog bite victim, that a genuine issue of material fact was presented as to whether the defendants had posted on the property a conspicuous sign warning of the presence of a “bad dog.” Entry of a final summary judgment for the defendants was therefore erroneous. See Belcher Yacht, Inc. v. Stickney, 450 So.2d 1111 (Fla.1984); Carroll v. Moxley, 241 So.2d 681 (Fla.1970).

Reversed and remanded for further proceedings.

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PER CURIAM.

We agree with plaintiff, a dog bite victim, that a genuine issue of material fact was presented as to whether the defendants had posted on the property a conspicuous sign warning of the presence of a “bad dog.” Entry of a final summary judgment for the defendants was therefore erroneous. See Belcher Yacht, Inc. v. Stickney, 450 So.2d 1111 (Fla.1984); Carroll v. Moxley, 241 So.2d 681 (Fla.1970).

Reversed and remanded for further proceedings.

Garcia v. Garcia, 481 So. 2d 1278, 11 Fla. L. Weekly 234, 1986 Fla. App. LEXIS 5974 (Fla. Ct. App. 1986).

Pincite

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Opinion

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