Legal Opinion

Alvarez v. E & A Produce Corp.

District Court of Appeal of Florida

Decided March 25, 1998No. Nos. 97-1205, 97-1202, 97-1192 and 97-1191PublishedCited by 7 opinions

1Opinion of the Court

NESBITT, Judge.

In this tort action which followed the explosion of a truck tire, these four appeals were consolidated and arise from the dismissal with prejudice of plaintiff Garcia’s and plaintiff Alvarez’s complaints against E & A Produce Corporation (E & A). The trial court found that the plaintiffs’ complaints failed to state a cause of action against E & A, the owner of the tire. Miehelin lire Corporation (Miehelin), the manufacturer of the tire and a co-defendant below, likewise appealed E & A’s dismissal from the case. We agree with the trial court that the plaintiffs failed to state a…

2Cases cited7 opinions

  1. Ocala Loan Company v. SmithDistrict Court of Appeal of Florida · 1963
  2. Edwards v. Maule Industries, Inc.District Court of Appeal of Florida · 1962
  3. Pokress v. Tisch Florida Properties, Inc.District Court of Appeal of Florida · 1963
  4. Rankin v. ColmanDistrict Court of Appeal of Florida · 1985
  5. Frank v. LurieDistrict Court of Appeal of Florida · 1963

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3Cited by7 opinions

  1. Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc.District Court of Appeal of Florida · 2003
  2. Pike v. Trinity Industries, Inc.District Court, M.D. Florida · 2014
  3. Clint Shannon Gessner v. Southern CompanySupreme Court of Florida · 2026
  4. Exclusive Group Holdings, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PennsylvaniaDistrict Court, M.D. Florida · 2023
  5. JULIAN IACONO v. KINGSLEY ARMS APARTMENTS, INC., etc.District Court of Appeal of Florida · 2022

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