Grace v. Lincoln Fields, Inc.

District Court of Appeal of Florida

Grace v. Lincoln Fields, Inc.

199 So. 2d 126, 1967 Fla. App. LEXIS 4830

CourtDistrict Court of Appeal of Florida

DecidedMay 16, 1967

DocketNo. 66-663

StatusPublished

This text of 199 So. 2d 126 (Grace v. Lincoln Fields, Inc.) 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

Grace v. Lincoln Fields, Inc., 199 So. 2d 126, 1967 Fla. App. LEXIS 4830 (Fla. Ct. App. 1967).

Pincite

Opinion

PER CURIAM.

This is an appeal by the plaintiffs below from an adverse summary judgment. Plaintiffs were lessees of an apartment in a building owned and operated by the defendant. The plaintiff Lillian Grace was injured when she fell in the private parking lot maintained by the defendant. The fall occurred after she left her car and was proceeding from the parking lot to the apartment building. The walkway from the lot was blocked by a parked car. Bumper logs had been placed at the edge of the lot where it bordered on the grass. The edge of the lot was sandy. The bumper log at the point where the plaintiff Lillian Grace was leaving the lot was partially rotten, and a piece of the log had fallen from the log and become lodged in the sand. The plaintiff Lillian Grace fell when she tripped over that partially buried piece of wood. The order granting summary judgment does not disclose whether the trial court concluded that the defendant had proved conclusively that no genuine issues of fact existed with regard to negligence of the defendant, or that the evidence submitted established beyond issue that the plaintiff Lillian Grace was guilty of contributory negligence as a matter of law. See Holl v. Talcott, Fla.1966, 191 So.2d 40, 43; and opinion on rehearing, at pp. 47-48. In our opinion neither of those conclusions would be justified on the record, from examination of which it appears there were genuine issues of fact bearing on negligence and contributory negligence which could not properly be resolved or tried on the hearing on motion for summary judgment. Accordingly, the judgment is reversed, and the cause is remanded for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal by the plaintiffs below from an adverse summary judgment. Plaintiffs were lessees of an apartment in a building owned and operated by the defendant. The plaintiff Lillian Grace was injured when she fell in the private parking lot maintained by the defendant. The fall occurred after she left her car and was proceeding from the parking lot to the apartment building. The walkway from the lot was blocked by a parked car. Bumper logs had been placed at the edge of the lot where it bordered on the grass. The edge of the lot was sandy. The bumper log at the point where the plaintiff Lillian Grace was leaving the lot was partially rotten, and a piece of the log had fallen from the log and become lodged in the sand. The plaintiff Lillian Grace fell when she tripped over that partially buried piece of wood. The order granting summary judgment does not disclose whether the trial court concluded that the defendant had proved conclusively that no genuine issues of fact existed with regard to negligence of the defendant, or that the evidence submitted established beyond issue that the plaintiff Lillian Grace was guilty of contributory negligence as a matter of law. See Holl v. Talcott, Fla.1966, 191 So.2d 40, 43; and opinion on rehearing, at pp. 47-48. In our opinion neither of those conclusions would be justified on the record, from examination of which it appears there were genuine issues of fact bearing on negligence and contributory negligence which could not properly be resolved or tried on the hearing on motion for summary judgment. Accordingly, the judgment is reversed, and the cause is remanded for further proceedings.

Cite This Page — Counsel Stack

Bluebook (online)

199 So. 2d 126, 1967 Fla. App. LEXIS 4830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grace-v-lincoln-fields-inc-fladistctapp-1967.

Opinion

Related

Cite This Page — Counsel Stack