Middleton v. Don Asher & Assocs., Inc.
District Court of Appeal of Florida
1Opinion of the CourtHarris, J.
Paralee Middleton appeals from an adverse final summary judgment in a trip and fall case, arguing that the trial court erred in concluding that Don Asher & Associates, Inc. ("Property Management Co.") and Lemon Tree Condominium Association, Inc. ("Lemon Tree") (collectively, "Appellees") were entitled to summary judgment on the basis that the condition of the sidewalk was open and obvious and thus, not dangerous. Because a genuine issue of fact existed regarding whether Appellees should have anticipated that Middleton would use the sidewalk and proceed to encounter the cracked and uneven…
2Cases cited12 opinions
- Krol v. City of OrlandoDistrict Court of Appeal of Florida · 2001
- Bowles v. Elkes Pontiac Co.Supreme Court of Florida · 1953
- Dampier v. MORGAN TIRE & AUTO, LLCDistrict Court of Appeal of Florida · 2012
- Circle K Convenience Stores, Inc. v. FergusonDistrict Court of Appeal of Florida · 1990
- Casby v. FlintSupreme Court of Florida · 1988
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