Legal Opinion · Dissent

McClure v. Publix Super Markets, Inc.

District Court of Appeal of Florida

Decided November 6, 2013No. 4D13-1220Published

1Dissent

WARNER, J,

dissenting.

I would grant the petition, as I conclude that the harm alleged is not remediable on appeal, and therefore irreparable, and departs from the essential requirements of law. ■ The trial court did not follow Target Corporation v. Vogel, 41 So.3d 962 (Fla. 4th DCA 2010); or exercise judicial discretion in this case but entered the order as a matter of policy based upon prior similar rulings the court had made in other cases and not on the record in this case.

McClure slipped and fell in a Publix grocery store. Store security cameras recorded the fall. After filing suit for her…

2Cases cited12 opinions

  1. Bared & Co., Inc. v. McGuireDistrict Court of Appeal of Florida · 1996
  2. Dodson v. PersellSupreme Court of Florida · 1980
  3. Surf Drugs, Inc. v. VermetteSupreme Court of Florida · 1970
  4. Boucher v. Pure Oil CompanyDistrict Court of Appeal of Florida · 1957
  5. Albert v. Miami Transit CompanySupreme Court of Florida · 1944

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