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SAN JUAN v. SUEZ MOTEL, INC.

No. 93-1508.

632 So.2d 288 (1994)

Pedro SAN JUAN, Appellant, v. SUEZ MOTEL, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

March 1, 1994.

Attorney(s) appearing for the Case

Abe Rosenberg and Paul S. Rosenberg and Herb Milgrim, Hollywood, for appellant.

John S. Freud and Peter Abraham, Miami, for appellee.

Before BARKDULL, HUBBART and COPE, JJ.

PER CURIAM.

Affirmed.

BARKDULL and HUBBART, JJ., concur.

COPE, Judge (dissenting).

I respectfully dissent. I do not think that the defendant motel was entitled to summary judgment on the theory that the hazard was an open and obvious condition. This accident occurred at the swimming pool of a commercial motel, which provided the pool for recreational use of the guests. The pool had a water filler pipe which passed over the top of the pool coping...

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