CAKORA v. METROPOLITAN DADE COUNTY

No. 80-481.

388 So.2d 31 (1980)

Robert CAKORA, a Minor, by His Father and Next Friend, Robert A. Cakora, and Robert A. Cakora, Individually, Appellants, v. METROPOLITAN DADE COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

September 16, 1980.


Attorney(s) appearing for the Case

Keyfetz & Poses, Miami, for appellants.

Robert A. Ginsburg, County Atty. and Jack M. Sobel, Asst. County Atty., for appellee.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.


PER CURIAM.

The trial court entered a final summary judgment in favor of the county on the sole basis that the duty of care owing to Cakora as set forth in Section 375.251, Florida Statutes (1977), was not violated. Subsequent to the entry of this judgment, we held in Metropolitan Dade County v. Yelvington, 389 So.2d 1113 (Fla. 3d DCA 1980), that Section 375.251, Florida Statutes (1977), is not applicable to counties. Finding no other basis upon which to uphold...

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