Kenz v. Miami-Dade County

(specially concurring).

Because it is clear, as the Court holds, that summary judgment is appropriate either way, simply because there is not a semblance of evidence of negligence, I would affirm without reaching the primary issue discussed by the Court. See Pub. Health Trust of Miami-Dade County v. Metellus, 948 So.2d 4, 5 (Fla. 3d DCA 2006) (Shepherd, J., specially concurring) (citing PDK Labs., Inc. v. U.S. DEA., 362 F.3d 786, 799 (D.C.Cir.2004)).