ESTATE OF MARTINEZ v. POST BUCKLEY SCHUH & JERNIGAN, INC.

No. 3D03-2407.

881 So.2d 636 (2004)

ESTATE OF Anthony MARTINEZ, Deceased, by and Through Co-Personal Representatives, Paul COWAN and Sheldon Rosenthal and Andres Martinez, Sr. and Jessica Hernandez, Appellants, v. POST BUCKLEY SCHUH JERNIGAN, INC., Grossman Holdings Limited, Bleeman Holdings Limited, and Homestead Properties, Appellees.

District Court of Appeal of Florida, Third District.

August 11, 2004.


Attorney(s) appearing for the Case

Feiler, Leach McCarron and Michael B. Feiler, Coral Gables, and Martin Leach, Miami, for appellants.

Patrick C. Barthet, Miami, and Alexander E. Barthet; Thornton, Davis & Fein and Holly S. Harvey, Miami, for appellees.

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


PER CURIAM.

On this appeal from the dismissal of an amended complaint in a child drowning-wrongful death case for failure to state a cause of action, the order under review is vacated and the cause remanded for a determination by the trial court as to whether the building permit and other pertinent documents relating to the construction and maintenance of the lake in which the child drowned create a mandatory slope requirement (which the plaintiffs allege the appellees...

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