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Leaf v. Kapolinsky

District Court of Appeal of Florida, Third District
Oct 26, 1976
338 So. 2d 884 (Fla. Dist. Ct. App. 1976)

Opinion

No. 76-389.

October 26, 1976.

Appeal from the Circuit Court, Dade County, Jack M. Turner, J.

West, Friesner, Goldman Major, Miami, for appellant.

Cushman Cushman, Horton, Perse Ginsberg, P.J. Carroll, Iva W. Kay, Michael P. Weisberg, Miami, for appellees.

Before PEARSON, HENDRY and NATHAN, JJ.


Ida Leaf, as plaintiff, sued Max Kapolinsky, her apartment house operator, Packed Sanitation Services, Inc., a corporation which services the garbage removal from the apartment house premises through a contract with Kapolinsky, and the City of Miami Beach, whose employees are alleged to have created a dangerous condition by the negligent placing of the garbage container while resurfacing the alley-way, for injuries alleged to have occurred when she attempted to put garbage in the container. The jury returned a verdict for all the defendants after a trial. On this appeal of the final judgment, points are presented urging errors in the conduct of the trial and the instructions to the jury. After considering the record in the light of the arguments presented, we find no reversible error. See Sinclair Refining Co. v. Butler, 172 So.2d 499 (Fla.3d DCA 1965); Ruiz v. Cold Storage Insulation Contractors, Inc., 306 So.2d 153 (Fla.2d DCA 1975); and see the general proposition in Bowen v. Manuel, 144 So.2d 341 (Fla.2d DCA 1962).

Affirmed.


Summaries of

Leaf v. Kapolinsky

District Court of Appeal of Florida, Third District
Oct 26, 1976
338 So. 2d 884 (Fla. Dist. Ct. App. 1976)
Case details for

Leaf v. Kapolinsky

Case Details

Full title:IDA LEAF, APPELLANT, v. MAX KAPOLINSKY, D/B/A BEN ROSE APARTMENT, ET AL.…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 26, 1976

Citations

338 So. 2d 884 (Fla. Dist. Ct. App. 1976)