J.M. BEESON COMPANY v. MUNN

Nos. 89-2433, 89-2664.

573 So.2d 1048 (1991)

J.M. BEESON COMPANY and Jack Hardy, Inc., Appellants, v. Keble Aubrey MUNN and Beverly Yvonne Munn, As Guardians of the Person and Estate of Keble Gordon Munn, an Incompetent; Keble Aubrey Munn and Beverly Yvonne Munn, Individually; Horizons Development, Inc., a Florida Corporation; Tam O'Shanter Associates, Ltd., a Florida Limited Partnership D/B/a B C Associates; Jjw, Inc., a Georgia Corporation, Its Sole General Partner, a Joint Venture; Walter H. Keller, Jr., Inc., a Florida Corporation; Walter H. Keller Jr.; Department of Transportation, State of Florida; Tam O'Shanter Associates, L.P., a Delaware Limited Partnership; Berg-Harmon Associates, As General Partner, a New Jersey Joint Venture, Robert T. Harmon, General Partner of Harmon Associates, a New Jersey Limited Partnership and a Member of the Joint Venture, Robert T. Harmon, General Partner of Harmon Associates, Berg Ventures, Inc., a Co-Venturer; and Troy Anthony Brennan, Appellees. Keble Aubrey Munn and Beverly Yvonne Munn, As Guardians of the Person and Estate of Keble Gordon Munn, an Incompetent; and Keble Aubrey Munn and Beverly Yvonne Munn, Individually, Cross/Appellants, v. J.M. BEESON COMPANY, Cross/Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied March 5, 1991.


Attorney(s) appearing for the Case

Bonita L. Kneeland of Fowler White Gillen Boggs Villareal & Banker, P.A., Tampa and Bohdan Neswiacheny of offices of Bohdan Neswiacheny of Fort Lauderdale for appellant/cross-appellee-J.M. Beeson.

Robert D. Moses of Wiederhold Moses & Bulfin, Larry Klein and Barbara J. Compiani of Klein & Walsh, P.A., West Palm Beach, for appellant-Jack Hardy, Inc.

Arnold R. Ginsberg of Horton Perse & Ginsberg, Theodore J. Fournaris of Fournaris & Leclainche, P.A., Miami, for appellees-cross-appellants-Keble Aubrey Munn, et al.

Rosemary Wilder and Richard A. Sherman of Richard A. Sherman, P.A., Fort Lauderdale, for appellee-Troy Anthony Brennan.

William G. Burd and S. Austin Carr of Kenney Burd Knutson & Markowits for appellees-Walter H. Keller, Jr., and Walter H. Keller, Jr., Inc.

Edward D. Schuster of Pyszka Kessler Massey Weldon Catri Holton & Douberley, P.A., Fort Lauderdale, for appellee-Dept. of Transp.


PER CURIAM.

We reverse the summary judgment entered in favor of the Department of Transportation because we agree that there are issues of fact both as to the Department's acceptance of the road project in question, and as to the Department's liability for the alleged dangerous condition. See, e.g., Allen v. Port Everglades Auth., 553 So.2d 1341 (Fla. 4th DCA 1989). We affirm the trial court's order dismissing Appellee-Brennan...

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