Birch v. Capeletti Brothers, Inc.

Birch v. Capeletti Bros., 478 So. 2d 454 (Fla. Dist. Ct. App. 1985)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: November 12, 1985
Docket: No. 85-829
Judges: Barkdull, Daniel S. Pearson and Jorgenson
Citations: 478 So. 2d 45410 Fla. L. Weekly 25251985 Fla. App. LEXIS 16681

Cited by 5 1 descriptions by later courts

Opinion

478 So.2d 454 (1985)

Steven BIRCH, Appellant,

CAPELETTI BROTHERS, INC., Appellee.

No. 85-829.

District Court of Appeal of Florida, Third District.

November 12, 1985.

Bonnie Rippingille, Coral Gables, for appellant.

Peters, Pickle, Flynn & Niemoeller and Donna S. Catoe, Miami, for appellee.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The defendant contractor having conclusively demonstrated that the defects in the bridge roadbed which allegedly caused the plaintiff's injury were open and obvious and that the State Department of Transportation, the owner of the bridge, accepted the contractor's work and put the bridge in use some ten years earlier, the summary judgment for the defendant is affirmed. See Slavin v. Kay, 108 So.2d 462 (Fla. 1959); Mori v. Industrial Leasing Corporation, 468 So.2d 1066 (Fla. 3d DCA 1985).

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(summary judgment affirmed upon conclusive evidence that defect in bridge roadbed was obvious to Department of Transportation)

Kala Invs., Inc. v. Sklar, 538 So. 2d 909 (Fla. Dist. Ct. App. 1989)

Cited by 5 cases

View all citing references →

Relies on it most ⓘ

Kala Investments, Inc. v. Sklar538 So. 2d 909 (Fla. Dist. Ct. App. 1989)
Easterday v. Masiello518 So. 2d 260 (Fla. 1988)
Lynch v. Norton Construction, Inc.861 P.2d 1095 (Wyo. 1993)
Cabrera v. Dept. of Natural Resources478 So. 2d 454 (Fla. Dist. Ct. App. 1985)
Jackson v. LAW Contracting Corp.481 So. 2d 1290 (Fla. Dist. Ct. App. 1986)

Most recent

Lynch v. Norton Construction, Inc.861 P.2d 1095 (Wyo. 1993)
Kala Investments, Inc. v. Sklar538 So. 2d 909 (Fla. Dist. Ct. App. 1989)
Easterday v. Masiello518 So. 2d 260 (Fla. 1988)
Jackson v. LAW Contracting Corp.481 So. 2d 1290 (Fla. Dist. Ct. App. 1986)
Cabrera v. Dept. of Natural Resources478 So. 2d 454 (Fla. Dist. Ct. App. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Slavin v. Kay, 108 So. 2d 462 (Fla. 1959)	108
	Cabrera v. Dept. of Natural Res., 478 So. 2d 454 (Fla. Dist. Ct. App. 1985)	19
	Mori v. Indus. Leasing Corp., 468 So. 2d 1066 (Fla. Dist. Ct. App. 1985)	5

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