McCABE v. FLORIDA POWER AND LIGHT CO.

No. 4D10-1306.

68 So.3d 995 (2011)

David McCABE, Appellant, v. FLORIDA POWER AND LIGHT COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

September 7, 2011.


Attorney(s) appearing for the Case

Kenneth D. Cooper , Fort Lauderdale, for appellant.

Juliet M. Roulhac , Miami, for appellee.


EHRLICH, MERRILEE, Associate Judge.

David McCabe ("Plaintiff") appeals from a final summary judgment in favor of Florida Power and Light ("FPL") in a negligence action where liability was stipulated to and where Plaintiff sought damages from FPL which allegedly resulted from a fire caused by a power line that fell on Plaintiff's house. We hold that: (1) the circuit court erred in granting final summary judgment, as the amount of damages is a fact still in dispute...

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