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GOMEZ v. HOLTZ

No. 4D01-1801.

810 So.2d 1014 (2002)

Andres GOMEZ and Juana Gomez, Appellants, v. Richard HOLTZ, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 8, 2002.

Attorney(s) appearing for the Case

Roy D. Wasson, Miami, and Robert E. Gordon of Gordon & Doner, P.A., Palm Beach Gardens, for appellants.

Robert L. Teitler and Thomas J. Caldwell of Walton Lantaff Schroeder & Carson, Miami, for appellee.

PER CURIAM.

We reverse the final summary judgment entered in favor of appellee, Richard Holtz, the defendant in the circuit court. A person hitting a golf ball has a duty to exercise ordinary care, under the circumstances then surrounding him, for the safety of persons reasonably within the range of danger. See Miller v. Rollings, 56 So.2d 137, 138 (Fla.1952). An issue of fact remains concerning whether the noise from the...

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