Legal Opinion

Sparks v. Casselberry Gardens, Inc.

District Court of Appeal of Florida

Decided November 7, 1969No. 2529PublishedCited by 4 opinions

1Opinion of the Court

McCAIN, Judge.

With profound sympathy for the immeasurable grief of appellant and natural father over the death of his minor son, we must affirm the entry of final summary judgment in favor of the appellee in this attractive nuisance suit.

The pleadings, affidavits and other documents of record reveal these essential facts: facts:

Appellant’s son, now deceased, came to his death through a cave in of a tunnel dug in an excavation on premises owned *687by the appellee; on the previous night the, deceased and a friend, age 14, made plans to go into the excavation and dig a tunnel on the following day,…

2Cases cited8 opinions

  1. Newby v. West Palm Beach Water Co.Supreme Court of Florida · 1950
  2. Concrete Const., Inc., of Lake Worth v. PettersonSupreme Court of Florida · 1968
  3. Edwards v. Maule Industries, Inc.District Court of Appeal of Florida · 1962
  4. Larnel Builders, Inc. v. MartinSupreme Court of Florida · 1959
  5. Jackson v. Whitmire Construction CompanyDistrict Court of Appeal of Florida · 1967

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Cassel v. PriceDistrict Court of Appeal of Florida · 1981
  2. Wiles v. MetzgerNebraska Supreme Court · 1991
  3. Downey Memorial Church Interdenominational, Inc. v. Knowlton ex rel. KnowltonDistrict Court of Appeal of Florida · 1974
  4. Hayes v. Criterion Corp.District Court of Appeal of Florida · 1976

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