Gentile v. Austin

Full title: JOHN GENTILE, APPELLANT, v. M. ELENA AUSTIN, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 21, 1964

166 So. 2d 155 (Fla. Dist. Ct. App. 1964)

Opinion

No. 64-104.

July 21, 1964.

Appeal from the Circuit for Dade County; Robert H. Anderson, Judge.

Whitman Knott, Miami, for appellant.

Blackwell, Walker Gray and James E. Tribble, Miami, for appellee.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.

PER CURIAM.

The directed verdict in favor of the defendant entered at the conclusion of plaintiff's case is affirmed under the rule stated in Zubowicz v. Warnock, Fla.App. 1963, 149 So.2d 890, to the effect that appellant, being the occupant of the premises, was in as good or better position to know of such defect as was appellee. See also Felshin v. Sir, 149 Fla. 218, 5 So.2d 600.

Affirmed.