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VANN v. BAILEY

No. 97-2564.

709 So.2d 615 (1998)

Marvin VANN and Mary M. Vann, his wife, Appellants, v. Charles W. BAILEY and Peggy J. Bailey, his wife, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 19, 1998.

Attorney(s) appearing for the Case

Marvin Vann and Mary M. Vann, Orlando, pro se.

Patrick C. Crowell of Patrick C. Crowell, P.A., Orlando, for Appellants.

Kenneth M. Beane, Maitland, for Appellees.

COBB, Judge.

This appeal concerns the liability of an urban property owner for damages to the adjacent property caused by the falling of a large oak limb. We believe that the rule of law applicable to this case is that enunciated by the Sixth Judicial Circuit in Pasco County:

A landowner in an urban area has a duty to exercise reasonable care to prevent unreasonable risk of damage to adjoining property arising from defective or unsound trees on the premises...

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