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BARRIO v. CITY OF MIAMI

No. 96-2983.

698 So.2d 1241 (1997)

Noraida N. BARRIO, Appellant, v. CITY OF MIAMI BEACH, a Florida municipal corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 1, 1997.

Attorney(s) appearing for the Case

Kurzban, Kurzban, Weinger & Tetzeli, P.A.; Metsch & Metsch, P.A. and Lawrence R. Metsch, Miami, for appellant.

Murray H. Dubbin, City Attorney and Sheri Alden Sack, First Assistant City Attorney, for appellee.

Before NESBITT, GREEN and SORONDO, JJ.

GREEN, Judge.

Noraida N. Barrio appeals an adverse final summary judgment entered in favor of the City of Miami Beach ("City") in her premises liability action. We affirm based upon our conclusion that Ms. Barrio was an uninvited licensee when injured on the City's property and that the City breached no duty of care by failing to warn her of an open and obvious danger.

The undisputed facts adduced from the record below reveal that on April 24, 1993, at approximately...

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