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WEBER v. MARINO PARKING SYS.

No. 2D11-3745.

100 So.3d 729 (2012)

Debbie WEBER, as Personal Representative of the ESTATE OF Nicole Michele WEBER, Deceased, Appellant, v. MARINO PARKING SYSTEMS, INC., a Florida corporation; and 2 3/8 LLC, d/b/a Sway Lounge, a Florida limited liability company, Appellees.

District Court of Appeal of Florida, Second District.

November 2, 2012.

Attorney(s) appearing for the Case

Timothy M. O'Brien of Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Pensacola, for Appellant.

Christopher E. Mast of Christopher E. Mast, P.A., Naples, for Appellee Marino Parking Systems, Inc.

No appearance for Appellee 2 3/8 LLC.

NORTHCUTT, Judge.

This case presents the question whether, as a matter of law, a valet parking service owes a duty to third parties to refrain from returning car keys to an obviously intoxicated customer. Under this court's precedent, there is no such duty; therefore, we affirm the circuit court's order dismissing this action.

The existence of a legal duty is a question of law subject to de novo review on appeal...

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