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GEARHART-SOTO v. DELSMAN

No. 4D07-1819.

976 So.2d 1150 (2008)

Julia GEARHART-SOTO and Robert Soto, Appellants, v. Martin DELSMAN, as guardian of Joshua Delsman and Alison Delsman, his wife, as guardian of Joshua Delsman, Two Headed Shark, LLC d/b/a Ripley's Believe It or Not!, Ancient City Entertainment, Ltd. d/b/a Ripley's Believe It or Not! and the School Board of Broward County, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 10, 2008.

Attorney(s) appearing for the Case

Lee B. Gartner of Lee B. Gartner, P.A., Coral Springs, for appellant Julia Gearhart-Soto.

Shelley H. Leinicke and Rachel Turner of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Fort Lauderdale, for appellee Ripley's Believe It or Not!.

Nicolette N. John and Thomas W. Paradise of Vernis & Bowling of Broward, P.A., Fort Lauderdale, for appellee School Board of Broward County.

DAMOORGIAN, J.

Julia Gearhart-Soto (Gearhart-Soto) appeals a summary judgment in favor of Ripley's Believe It or Not and the School Board of Broward County. We reverse because genuine issues of material fact remain regarding the School Board's negligence. See Albelo v. Southern Bell, 682 So.2d 1126, 1129 (Fla. 4th DCA 1996). We affirm the final summary judgment in favor of Ripley's.

By way of background, Gearhart...

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