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GARCIA v. XTRA SUPER FOOD CENTERS, INC.

No. 95-2369.

684 So.2d 236 (1996)

Evelyn GARCIA, Appellant, v. XTRA SUPER FOOD CENTERS, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 8, 1997.

Attorney(s) appearing for the Case

Freshman, Freshman & Traitz, Miami; Jay M. Levy, Miami, for appellant.

Gaebe, Murphy, Mullen & Antonelli and Mark R. Antonelli, Coral Gables, for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

Affirmed. Hamideh v. K-Mart Corp., 648 So.2d 824, 825 (Fla. 3d DCA 1995)(affirming "the defendant's motion for summary judgment where a reasonable inference, creating a presumption of notice on the part of the defendant, could not be drawn from the facts reflected by the record.").

NESBITT and JORGENSON, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

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