BOWERS v. CAIN

No. 91-3282.

609 So.2d 61 (1992)

Linda D. BOWERS and Craig Bowers, Appellants, v. James B. CAIN as Trustee, d/b/a the Pines of Vero Beach, Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Motions for Rehearing and to Certify Conflict Denied December 29, 1992.


Attorney(s) appearing for the Case

Kevin S. Doty of Moss, Henderson, Van Gaasbeck, Blanton & Koval, P.A., Vero Beach, for appellants.

Louis B. Vocelle, Jr. of Clem, Polackwich & Vocelle, Vero Beach, for appellee.


PER CURIAM.

This appeal is from a summary judgment for the appellee in a slip and fall injury action. The trial court found that there was no proof of the existence of a dangerous condition nor that the landowner had actual or constructive knowledge of the condition. We find that the facts taken most favorably to appellant as the non-moving party are in dispute and that it was error to enter summary judgment.

Appellant fractured her ankle when she slipped...

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