McKINZIE, ETC. v. HOLLYWOOD, INC.

No. 81-896.

421 So.2d 606 (1982)

Herschel McKINZIE, Jr., a Minor by and through His Parents and Next Friends, Herschel McKinzie, Sr., and Marilyn McKinzie and Herschel McKinzie, Sr., and Marilyn McKinzie, Individually, Appellants, v. HOLLYWOOD, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 1, 1982.


Attorney(s) appearing for the Case

Stephen G. Fischer of Fox & Fischer, Miami, for appellants.

Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy, Miami, for appellee.


HURLEY, Judge.

The plaintiffs, now appellants, assert that the trial court erred in vacating a default and in entering a judgment on the pleadings in favor of the defendant. We affirm the order setting aside the default, but we reverse the judgment on the pleadings because the complaint set forth a viable legal theory by alleging that the defendant landowner negligently failed to take reasonable steps to prevent persons on its property from injuring people traveling...

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