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KURIA v. BMLRW, LLLP

No. 1D12-0592.

101 So.3d 425 (2012)

Monica KURIA, as Personal Representative of the Estate of Freddie Smith, III, Appellant, v. BMLRW, LLLP, a Florida limited partnership, Flagship Property Management, Inc., a Florida corporation, and BMLRW Manager, Inc, a corporation, Appellees.

District Court of Appeal of Florida, First District.

December 5, 2012.

Attorney(s) appearing for the Case

Richard A. Staggard of Farah & Farah, P.A., Jacksonville, for Appellant.

Wm. J. Sheppard , Elizabeth L. White , Matthew R. Kachergus , and Bryan E. DeMaggio of Sheppard, White & Kachergus, P.A., Jacksonville, for Appellee BMLRW, LLP; Diane G. Cassaro of Stone, Glass & Connolly, LLP, Jacksonville, for Appellees.

WOLF, J.

In this appeal of a final summary judgment order, appellant (Personal Representative of the Estate of Freddie Smith, III) challenges the trial court's finding that section 768.075(4), Florida Statute (2007), shields property owners from liability in a negligence action for injury to a person who is committing a felony on the property without requiring any "causal nexus" between the felony and the injury. Based on...

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