Tobias v. Gregg

District Court of Appeal of Florida

Tobias v. Gregg

695 So. 2d 445, 1997 Fla. App. LEXIS 5823, 1997 WL 280818

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1997

DocketNo. 96-1422

StatusPublished

Cited by1 cases

This text of 695 So. 2d 445 (Tobias v. Gregg) 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

Tobias v. Gregg, 695 So. 2d 445, 1997 Fla. App. LEXIS 5823, 1997 WL 280818 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We reverse the summary final judgment in favor of appellee Morton A. Gregg (Gregg). The record shows that Gregg owned and operated a mobile home park in Coconut Creek where Judith A. Tobias, appellant, and Kurt W. Seabold were neighbors. Seabold owned a dog of pit bull and bulldog ansees-try, which he kept on the premises. Seabold displayed a “Bad Dog” sign in front of his mobile home. This case arose after the dog attacked and injured Tobias when she approached Seabold’s home to complain about the dog’s barking.

Gregg misplaces his reliance on Bessent v. Matthews, 543 So.2d 438 (Fla. 1st DCA 1989). Here, genuine issues of material fact exist as to whether Gregg had constructive knowledge of the dog’s dangerous propensities which preclude the entry of final summary judgment in his favor. Palm Beach County v. Trinity Industries, Inc., 661 So.2d 942, 944 (Fla. 4th DCA 1995). Therefore, we reverse and remand this cause to the trial court for further proceedings.

REVERSED and REMANDED.

GUNTHER, C.J., and DELL and STEVENSON, JJ. concur.

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PER CURIAM.

We reverse the summary final judgment in favor of appellee Morton A. Gregg (Gregg). The record shows that Gregg owned and operated a mobile home park in Coconut Creek where Judith A. Tobias, appellant, and Kurt W. Seabold were neighbors. Seabold owned a dog of pit bull and bulldog ansees-try, which he kept on the premises. Seabold displayed a “Bad Dog” sign in front of his mobile home. This case arose after the dog attacked and injured Tobias when she approached Seabold’s home to complain about the dog’s barking.

Gregg misplaces his reliance on Bessent v. Matthews, 543 So.2d 438 (Fla. 1st DCA 1989). Here, genuine issues of material fact exist as to whether Gregg had constructive knowledge of the dog’s dangerous propensities which preclude the entry of final summary judgment in his favor. Palm Beach County v. Trinity Industries, Inc., 661 So.2d 942, 944 (Fla. 4th DCA 1995). Therefore, we reverse and remand this cause to the trial court for further proceedings.

REVERSED and REMANDED.

GUNTHER, C.J., and DELL and STEVENSON, JJ. concur.

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Bluebook (online)

695 So. 2d 445, 1997 Fla. App. LEXIS 5823, 1997 WL 280818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tobias-v-gregg-fladistctapp-1997.

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