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

CourtDistrict Court of Appeal of Florida

DecidedJanuary 21, 1986

DocketNo. 85-1397

StatusPublished

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

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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.

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Bluebook (online)

481 So. 2d 1278, 11 Fla. L. Weekly 234, 1986 Fla. App. LEXIS 5974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-garcia-fladistctapp-1986.

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