LIPNICK v. SABAL PALM APARTMENTS, INC.

No. 62-520.

151 So.2d 866 (1963)

Jo Ann LIPNICK, a minor, by her next friend and father, Earl Lipnick and Earl Lipnick, individually, Appellants, v. SABAL PALM APARTMENTS, INC., and Robert L. Flagler, Appellees.

District Court of Appeal of Florida. Third District.

April 16, 1963.


Attorney(s) appearing for the Case

Leef & Ankus, Miami Beach, for appellants.

Dixon DeJarnette, Bradford, Williams, McKay & Kimbrell and Robert L. Dube, Miami, for appellees.

Before CARROLL, HORTON and HENDRY, JJ.


HENDRY, Judge.

The appellants are a father and his minor daughter. They appeal from a summary final judgment entered for the defendant in an action brought to recover damages for injuries sustained by the 17 month old daughter who was struck by an automobile while she was near a play area designated for use by tenants with children. The question for our determination is whether, under the facts as revealed by the record, the defendant was entitled to a summary final...

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