Cooper v. Roger's of Orlando, Inc.

(dissenting) :

I must respectfully dissent.

This is an appeal by Vance Cooper and Marie Cooper, his wife, plaintiffs below, from a final summary judgment entered in favor of Roger’s of Orlando, Inc., defendant below.

After reviewing the record I am of the opinion that an issue of material fact exists which would preclude the entry of summary judgment. Emile v. First National Bank of Miami, Fla.App.1961, 126 So.2d 305; Ham v. Heintzelman’s Ford, Inc., Fla.App.1971, 256 So.2d 264.

The operator of a public place (restaurant) owes his invitees the duty to use due care to maintain the premises in a…