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Cuadra v. South Florida Apartments I

District Court of Appeal of Florida, Third District
May 21, 1997
696 So. 2d 1211 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1027

Opinion filed May 21, 1997. Rehearing Denied August 6, 1997.

An Appeal from the Circuit Court of Dade County, Robert P. Kaye, Judge.

Angones, Hunter, McClure, Lynch Williams and Christopher J. Lynch, for appellant.

Gregg R. Schwartz and Brad E. Kelsky, for appellees.

Before JORGENSON, GERSTEN and GODERICH, JJ.


In the underlying suit, the plaintiff, the personal representative of a tenant who was murdered, brought an action for negligence against the landlords. The trial court found that the criminal occurrence was unforeseeable and granted final summary judgment in favor of the landlords. A careful review of the record reveals that the evidence presented below, when viewed in the light most favorable to the plaintiff, the non-moving party, creates a question of fact for the jury on the issue of foreseeability. Hall v. Billy Jack's, Inc., 458 So.2d 760, 762 (Fla. 1984) ("The question of foreseeability is for the trier of fact."); Hill v. City of N. Miami Beach, 613 So.2d 1356 (Fla. 3d DCA 1993). The trial court erred by granting the defendants' motion for summary judgment. Fla. R. Civ. P. 1.510.

Accordingly, we reverse and remand for further proceedings consistent with this opinion.


Summaries of

Cuadra v. South Florida Apartments I

District Court of Appeal of Florida, Third District
May 21, 1997
696 So. 2d 1211 (Fla. Dist. Ct. App. 1997)
Case details for

Cuadra v. South Florida Apartments I

Case Details

Full title:MYRNA CUADRA, as Personal Representative of the Estate of FRANCISCO JAVIER…

Court:District Court of Appeal of Florida, Third District

Date published: May 21, 1997

Citations

696 So. 2d 1211 (Fla. Dist. Ct. App. 1997)