AKERS v. CITY OF MIAMI BEACH

No. 98-380.

745 So.2d 532 (1999)

Jeffrey AKERS and Christine Akers, his wife, Appellants, v. CITY OF MIAMI BEACH, Appellee.

District Court of Appeal of Florida, Third District.

December 8, 1999.


Attorney(s) appearing for the Case

Ginsberg & Schwartz and Arnold Ginsberg, Miami, and Samuel M. Spatzer, Coral Springs, for appellants.

Angones Hunter McClure Lynch & Williams and Christopher J. Lynch, Miami, for appellee.

Before SCHWARTZ, C.J., and LEVY, and FLETCHER, JJ.


PER CURIAM.

As appellee properly concedes, the trial court erred in ruling that the City of Miami Beach was entitled to summary judgment based on the immunity provided by section 440.11, Florida Statutes (1995). Ramos v. Univision Holdings, Inc., 655 So.2d 89 (Fla.1995). Appellee would have us affirm the summary judgment nevertheless on the alternative ground that there is insufficient evidence to support a finding of negligence...

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