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MORAES v. CITY OF MIAMI

No. 3D02-177.

827 So.2d 1104 (2002)

Carlos MORAES, Appellant, v. CITY OF MIAMI, A Municipal Corporation, State of Florida, by and through its Department of Transportation and Traffic Control Devices, Inc., a Florida Corporation, Homestead Concrete & Drainage, Inc., a Florida Corporation, f/k/a Homestead Concrete & Drywall, Appellees.

District Court of Appeal of Florida, Third District.

October 16, 2002.

Attorney(s) appearing for the Case

Michael R. Miller, Orlando, and Gail Scopinich, North Miami Beach, for appellant.

Carman, Beauchamp & Sang, Deerfield Beach, and Rhea P. Grossman, Miami, for appellee Traffic Control Devices, Inc.

George, Hartz, Lundeen & Fulmer and Michael L. Glass, Coral Gables, for appellee Homestead Concrete.

Before COPE, LEVY and GREEN, JJ.

PER CURIAM.

As the evidence is clear that the appellees had not taken physical possession of the work site and had not begun construction on it, the summary judgment is affirmed. See Verges v. Pacheco & Sons, Inc., 822 So.2d 542 (Fla. 3d DCA 2002); Cruz v. Gables Colony, Ltd., 579 So.2d 278 (Fla. 3d DCA 1991).

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