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BERNHARDT v. HALIKOYTAKIS

No. 2D11-779.

95 So.3d 1006 (2012)

Camilla BERNHARDT and Brian Bernhardt, Appellants, v. Michael and Edith HALIKOYTAKIS d/b/a Hali Plaza; Point Builders, Inc., a Florida corporation; Hanna Wassef Fouad; Madelin Mishriki; Craig Belfatto and Eileen Belfatto, Appellees.

District Court of Appeal of Florida, Second District.

August 24, 2012.

Attorney(s) appearing for the Case

Celene H. Humphries of Brannock & Humphries, Tampa, and Todd R. Falzone of Kelley Uustal, PLC, Fort Lauderdale, for Appellants.

Anthony J. Russo and Shannon Tan of Butler Pappas Weihmuller Katz Craig, LLP, Tampa (withdrew after briefing); William D. Horgan of Banker, Lopez, Gassler, P.A., Tallahassee (substituted as counsel of record), for Appellees Michael and Edith Halikoytakis d/b/a Hali Plaza.

Sharon C. Degnan of Kubicki Draper, Fort Lauderdale, for Appellee Point Builders, Inc.

No appearance for Appellees Hanna Wassef Fouad; Madelin Mishriki; Craig Belfatto and Eileen Belfatto.

RAIDEN, MICHAEL E., Associate Judge.

Appellants Camilla and Brian Bernhardt, the plaintiffs below, appeal a final summary judgment entered on behalf of Appellees Michael and Edith Halikoytakis and Point Builders, Inc. Because we have determined that certain genuine issues of material fact remained at the time summary judgment was entered, we reverse.

The Bernhardts' lawsuit followed a June 2008 accident in which Ms. Bernhardt fell while jogging. She attributed...

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