Lewin v. Bourak

Full title: Israel Lewin, Appellant, v. Moshe Bourak, et al., Appellees.

Court: Florida Court of Appeals, Third District

Date published: Aug 4, 2021

No. 3D20-1174 (Fla. Dist. Ct. App. Aug. 4, 2021)

Opinion

3D20-1174

08-04-2021

Israel Lewin, Appellant, v. Moshe Bourak, et al., Appellees.

The Baker Law Offices, and Ira Robert Baker, for appellant. Kubicki Draper, P.A., and Sharon C. Degnan (Orlando), for appellees.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Lower Tribunal No. 20-424

The Baker Law Offices, and Ira Robert Baker, for appellant.

Kubicki Draper, P.A., and Sharon C. Degnan (Orlando), for appellees.

Before HENDON, GORDO and BOKOR, JJ.

PER CURIAM.

Affirmed. See Cheung v. Ryder Truck Rental, Inc., 595 So.2d 82, 84 (Fla. 5th DCA 1992) (explaining that a vehicle on a tow truck is not a dangerous instrumentality while it is under the exclusive control of the tow truck driver); see also Pangea Produce Distrib., Inc. v. Franco's Produce, Inc., 275 So.3d 240, 242 (Fla. 3d DCA 2019) (noting that a trial court does not abuse its discretion in denying leave to amend when an amendment would be futile).