Yorke v. Noble

GOLDMAN, M., Associate Judge.

Plaintiffs sued for damages received as a result of a dog bite. The first Count of a two count amended complaint sought damages pursuant to F.S. 767.04. The second count alleged Defendants’ negligent maintenance of their premises.

Defendants’ motion to dismiss Count II was granted without leave to amend. Defendant filed a motion for summary judgment as to Count I, which motion was granted and this appeal was then timely filed.

The facts of this case are unique. The day prior to the incident in question, Mr. Yorke spoke to Mrs. Noble via telephone to arrange for the…