TOMLINSON v. MILLER

No. 92-1365.

617 So.2d 811 (1993)

Elizabeth TOMLINSON, Appellant, v. Thomas A. MILLER, Joseph E. Miller and Daniel L. Miller, Appellees.

District Court of Appeal of Florida, Fifth District.

April 30, 1993.


Attorney(s) appearing for the Case

Paul M. Meredith of Murphy & Meredith, P.A., Palatka, for appellant.

Robert A. Cole of Cole, Stone, Whitaker & Stoudemire, P.A., Jacksonville, for appellees.


GRIFFIN, Judge.

Because, as a matter of law, the evidence upon which appellant relies does not establish a clear and present risk of injury to appellant, we affirm. E.g., Gerentine v. McComb, 586 So.2d 94 (Fla. 5th DCA 1991), and cases cited therein.

AFFIRMED.

HARRIS, J., concurs.

COBB, J., concurs specially with opinion.

COBB, Judge, concurring specially.

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