Legal Opinion · Dissent

Markell v. Mi Casa, Ltd.

District Court of Appeal of Florida

Decided April 8, 1998No. 97-1109Published

1DissentStone, Chief Judge

I would affirm. In my judgment, there is no evidence that Appellees had notice of a dangerous condition; neither should the allegation of the Delaney affidavit be sufficient to constitute constructive notice. See Fitzgerald v. Cestari, 569 So.2d 1258 (Fla.1990); Siegel v. Deerwood Place Corp., 701 So.2d 1190 (Fla. 3d DCA 1997).

2Cases cited2 opinions

  1. Fitzgerald v. CestariSupreme Court of Florida · 1990
  2. Siegel v. Deerwood Place Corp.District Court of Appeal of Florida · 1997