MARTINEZ v. FLORIDA POWER & LIGHT CO.

No. 3D99-2795.

785 So.2d 1251 (2001)

Ivan MARTINEZ and Yamile Martinez, as co-personal representatives of the Estate of Alberto Martinez, deceased, Appellants, v. FLORIDA POWER & LIGHT CO., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 6, 2001.


Attorney(s) appearing for the Case

Stewart G. Greenberg, Miami; Russo Parrish and Stuart B. Yanofsky, and Kathleen M. O'Connor, Miami, for appellants.

Robert Boan, Juno Beach; Hicks, Anderson & Kneale and Mark Hicks and John A. Greco, Miami, for appellee.

Before LEVY, GODERICH, and SHEVIN, JJ.


ON MOTION FOR REHEARING DENIED

LEVY, Judge.

Appellants appeal from an Order granting Florida Power & Light's (FP & L) Motion for Judgment on the Pleadings contending that, contrary to the trial court's ruling, FP & L owed the deceased minor a duty to maintain and/or repair a streetlight, which was not functioning the evening the deceased minor was struck and killed by a motor vehicle while crossing the street. We affirm.

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