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Avalos v. Velarde

Florida Court of Appeals, Third District
Nov 23, 2022
No. 3D22-399 (Fla. Dist. Ct. App. Nov. 23, 2022)

Opinion

3D22-399

11-23-2022

Vladimir Rolando Avalos, Appellant, v. Amaury Diaz Velarde, Appellee.

Marrero, Chamizo, Marcer Law, LP, and David T. Valero, for appellant. Green, Matzner & Kellner, P.A., and Jay B. Green (Boca Raton); Russo Appellate Firm, P.A., and Elizabeth K. Russo, for appellee.


Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge.

Marrero, Chamizo, Marcer Law, LP, and David T. Valero, for appellant.

Green, Matzner & Kellner, P.A., and Jay B. Green (Boca Raton); Russo Appellate Firm, P.A., and Elizabeth K. Russo, for appellee.

Before FERNANDEZ, C.J., and HENDON, and LOBREE, JJ.

PER CURIAM.

Affirmed. See Brookie v. Winn-Dixie Stores, Inc., 213 So.3d 1129, 1131-32 (Fla. 1st DCA 2017) ("Appellee[ ] did not violate any legal duty to Appellant, who observed the condition but was injured by failing to use due care for his own safety . . . . Appellee[ ] owed no duty to warn Appellant of the open and obvious condition, because Appellees' knowledge of the condition was not 'superior' to Appellant's.").


Summaries of

Avalos v. Velarde

Florida Court of Appeals, Third District
Nov 23, 2022
No. 3D22-399 (Fla. Dist. Ct. App. Nov. 23, 2022)
Case details for

Avalos v. Velarde

Case Details

Full title:Vladimir Rolando Avalos, Appellant, v. Amaury Diaz Velarde, Appellee.

Court:Florida Court of Appeals, Third District

Date published: Nov 23, 2022

Citations

No. 3D22-399 (Fla. Dist. Ct. App. Nov. 23, 2022)