Holmes v. Forty-Five Twenty-Five, Inc.
| Decision Date | 19 October 1961 |
| Docket Number | FORTY-FIVE,No. 61-25,TWENTY-FIV,INC,61-25 |
| Citation | 133 So.2d 651 |
| Parties | Viola H. HOLMES and L. W. Holmes, her husband, Appellants, v., a Florida corporation, Beach Concessions, Inc., a Florida corporation, and National School Boards Association, Inc., a foreign corporation, jointly and severally, Appellees. |
| Court | Florida District Court of Appeals |
Alexander S. Gordon and Leonard Rivkind, Miami Beach, for appellants.
Blackwell, Walker & Gray and Louis L. LaFontisee, Jr., Miami, for Forty-five Twenty-five Corp.
Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and Paul A. Carlson, Miami, for National School Boards Ass'n, Inc.
Carey, Goodman, Terry, Dwyer & Austin and Joseph McGowan, Miami, for Beach Concessions, Inc.
Before HORTON, BARKDULL and HENDRY, JJ.
The appellants, who were the plaintiffs in a tort action, appeal from adverse summary final judgments. The action grew out of injuries which the appellant Viola Holmes suffered when she fell in the area known as the basement and garage of the Eden Roc Hotel.
The hotel is owned by the Forty-five Twenty-five, Inc., which leases the basement and garage area to the Beach Concessions, Inc. Beach concessions sublet the area to the National School Boards Association for use as a registration and exhibition area during its convention. Viola Holmes was a paying guest in the hotel and had gone to the basement and garage to register as a delegate to the convention. While she was in one of several lines moving forward to the registration desk, she fell down some steps near the entrance to the garage.
Appellants brought suit, joining Forty-five Twenty-five, Inc., Beach Concessions and National School Boards as defendants. The complaint alleged, inter alia, that the area where Mrs. Holmes fell was under the care, control and possession of each of the defendants, or, in the alternative, under their joint care, control or possession, and the injuries suffered by her were caused solely and proximately by each of the defendants, or in the alternative, by their joint and concurrent negligence. The defendants filed separate answers. Forty-five Twenty-five, Inc., admitted ownership of the hotel and denied all else. Beach Concessions and National School Boards answered in the nature of a general denial. All defendants alleged as a matter of affirmative defense that Mrs. Holmes had been guilty of contributory negligence.
The defendants individually moved for summary judgment. The trial court had before it at the hearing on these motions the...
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...any genuine issues of material fact, not to decide such issues. Buck v. Hardy, Fla.App.1958, 106 So.2d 428; Holmes v. Forty-five Twenty-Five, Inc., Fla.App.1961, 133 So.2d 651. This rule is applied with particular caution in negligence cases, which are extremely troublesome due to the varie......
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Quinn v. I. C. Helmly Furniture Co., 61-651
...of material fact, not to decide such issues. Foster v. Gulfstream Press, Inc., Fla.App.1961, 134 So.2d 270; Holmes v. Forty Five Twenty-Five, Inc., Fla.App.1961, 133 So.2d 651; Buck v. Hardy, Fla.App.1958, 106 So.2d 428. In Buck v. Hardy, supra, this court said: '[I]ssues of negligence, inc......
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...v. Stokes, Fla.1954, 74 So.2d 278.4 Rule 1.36(c), Florida Rules of Civil Procedure, 30 F.S.A. See also Holmes v. Forty-five Twenty-five, Inc., Fla.App.1961, 133 So.2d 651; Buck v. Hardy, Fla.App.1958, 106 So.2d 428, and numerous cases cited ...
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...fact so as to preclude a summary disposition. Allen v. Kamp's Beauty Salon, Inc., Fla.App.1965, 177 So.2d 678; Holmes v. Forty-Five Twenty-Five, Inc., Fla.App.1961, 133 So.2d 651; Humphrys v. Jarrell, Fla.App.1958, 104 So.2d 404; Cowan v. Turchin, Fla.App.1972, 270 So.2d 449, Fourth Distric......