Opinion
Case No. 96-1422
Opinion filed May 28, 1997. Rehearing and Certification of Question Denied July 2, 1997.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patricia W. Cocalis, Judge; L.T. Case No. 95-6411 CACE 04.
Bruce H. Little of Bruce H. Little P.A., Fort Lauderdale, for appellant.
Michael J. Schwartz of John S. Freud, P.A., Miami, for Appellee-Morton A. Gregg.
We reverse the summary final judgment in favor of appellee Morton A. Gregg (Gregg). The record shows that Gregg owned and operated a mobile home park in Coconut Creek where Judith A. Tobias, appellant, and Kurt W. Seabold were neighbors. Seabold owned a dog of pit bull and bulldog ancestry, which he kept on the premises. Seabold displayed a "Bad Dog" sign in front of his mobile home. This case arose after the dog attacked and injured Tobias when she approached Seabold's home to complain about the dog's barking.
Gregg misplaces his reliance on Bessent v. Matthews, 543 So.2d 438 (Fla. 1st DCA 1989). Here, genuine issues of material fact exist as to whether Gregg had constructive knowledge of the dog's dangerous propensities which preclude the entry of final summary judgment in his favor. Palm Beach County v. Trinity Industries, Inc., 661 So.2d 942, 944 (Fla. 4th DCA 1995). Therefore, we reverse and remand this cause to the trial court for further proceedings.
REVERSED and REMANDED.
GUNTHER, C.J., DELL and STEVENSON, JJ. concur.