Legal Opinion

Wolf v. Sam's East, Inc.

District Court of Appeal of Florida

Decided January 15, 2014No. 4D12-3064PublishedCited by 15 opinions

1Opinion of the CourtCiklin, J.

Sherwin Wolf appeals the order granting final summary judgment in favor of Sam’s East, Inc. (“Sam’s Club”). Wolf argues the trial court erred by entering summary judgment because there was a genuine issue of material fact as to whether Sam’s Club breached its duty to make the premises reasonably safe for invitees by failing to trim or remove above-ground tree roots from a landscaping area. We disagree because Sam’s Club had no duty to make its landscaping areas safe for walking when Sam’s Club had already provided concrete walkways for invitees to cross the landscaping areas. Accordingly, we…

2Cases cited8 opinions

  1. Dampier v. MORGAN TIRE & AUTO, LLCDistrict Court of Appeal of Florida · 2012
  2. Aaron v. Palatka Mall, LLCDistrict Court of Appeal of Florida · 2005
  3. Burton v. MDC PGA Plaza Corp.District Court of Appeal of Florida · 2012
  4. City of Melbourne v. DunnDistrict Court of Appeal of Florida · 2003
  5. Taylor v. UNIVERSAL CITY PROPERTY MGMT.District Court of Appeal of Florida · 2001

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3Cited by15 opinions

  1. Grimes v. Family Dollar Stores of Florida, Inc.District Court of Appeal of Florida · 2016
  2. State Farm Florida Insurance Company v. Lime Bay Condominium, Inc.District Court of Appeal of Florida · 2016
  3. Cook v. Bay Area Renaissance Festival of Largo, Inc.District Court of Appeal of Florida · 2015
  4. Trugren Landcare v. LacapraDistrict Court of Appeal of Florida · 2018
  5. Diego Cartwright v. LJL Mortgage Pool, LLC, Rachel Y. Young a/k/a Rachel Young a/k/a Rachael Young, Roderick Young, Jeniffer Young-Campbell and Amber Lake Homeowners' Association, Inc.District Court of Appeal of Florida · 2016

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