FELSEN v. FLORIDA POWER & LIGHT CO.

No. 3D03-1753.

881 So.2d 585 (2004)

Theresa FELSEN, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 25, 2004.


Attorney(s) appearing for the Case

Deutsch & Blumberg and James C. Blecke, Miami, for appellant.

Hicks & Kneale and Mark Hicks, Englewood, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.


On Rehearing Granted

PER CURIAM.

On consideration of the motion for rehearing, the court withdraws its previous opinion and substitutes the following opinion.

The plaintiff, Theresa Felsen, appeals from an adverse final summary judgment. Under the facts of this case, Florida Power & Light Company ("FPL") did not undertake a duty to the plaintiff. We therefore affirm.

In 1951 by agreement with the City of Miami Beach, FPL installed...

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