Bigger v. Monroe County

Full title: PATRICIA BIGGER, et al., Appellants, vs. MONROE COUNTY, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 19, 1999

731 So. 2d 862 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1411

Opinion filed May 19, 1999. JANUARY TERM, A.D. 1999

An Appeal from the Circuit Court for Monroe County, Richard G. Payne, Judge, L.T. No. 97-140.

Angones, Hunter, McClure, Lynch Williams and Steve Hunter, for appellants.

Johnson, Anselmo, Murdoch, Burke George and Bruce Johnson and Christine M. Duignan, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.

PER CURIAM.

Even if, as the appellant contends, the supplemental jury instruction on attractive nuisance was error, there was no theory upon which the appellant could prevail given the facts and circumstances of this case. See Gibson v. Avis Rent-A-Car Sys., Inc., 386 So.2d 520 (Fla. 1980); Tampa Elec. Co. v. Jones, 138 Fla. 746, 190 So. 26 (1939).

Affirmed.