Billen v. Hix

I respectfully dissent.

The majority creates an exception to the established Florida theory on licensees. McNulty v. Hurley, Fla.1957, 97 So.2d 185; Lunney v. Post, Fla.App.1971, 248 So.2d 504. They would make licensees into invitees if they were injured, while social guests, in some manner other than through a defect in the condition of the premises.

Admittedly our facts as ably set out by the majority, make the delineation of legal theories difficult. But hard facts make bad law. I believe Florida’s established law on this subject offers substantial justice and protection to the largest…