ROSSEAU v. FINTZ

No. 97-3521.

711 So.2d 1352 (1998)

Nohra ROSSEAU, Appellant, v. Israel FINTZ, Appellee.

District Court of Appeal of Florida, Third District.

June 17, 1998.


Attorney(s) appearing for the Case

Mariano Sole, Miami, for appellant.

Bolton & Latimer, and Richard A. Bolton, Miami, for appellee.

Before COPE, GERSTEN and SORONDO, JJ.


PER CURIAM.

Nohra Rosseau ("Rosseau") appeals an adverse summary judgment entered in favor of Israel Fintz ("Fintz"). We reverse, because there is a genuine issue of material fact as to whether Fintz, a landlord, knew, or should have known, of the vicious propensity of a dog that bit Rosseau.

Fintz owned a duplex which he leased to tenants Wilfred and Dorothy Gayle ("tenants"). The tenants' lease agreement prohibited pets without Fintz's written consent. Although...

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