Opinion

Kenz v. Miami-Dade County

  • 116 So. 3d 461
  • 2013 Fla. App. LEXIS 6592
  • 2013 WL 1748954
Court
District Court of Appeal of Florida
Filed
Apr 24, 2013
Status
Published
Author
Schwartz
On the bench
Lagoa, Schwartz, Shepherd
Cited by
22 cases
Authority
More cited than 17.0%

Disagreed with by Deborah Glaze, as Parent etc. v. Kathy Worley, DBA Chick- FIL-A etc., 157 So. 3d 552 (2015)

holding that Fla. Stat. § 768.0755 is a procedural statute that does not create a new element of proof in a premises liability cause of action, but merely codifies a means and method by which a plaintiff shows that the defendant-business establishment has breached its duly of care

How later courts described this case

  • holding that Fla. Stat. § 768.0755 is a procedural statute that does not create a new element of proof in a premises liability cause of action, but merely codifies a means and method by which a plaintiff shows that the defendant-business establishment has breached its duly of care
  • concluding that the amendment to § 768.0755 was a procedural change in the law because, rather than alter any element of the claim, it simply changed the method of proving an element of that claim
  • holding that a new statute concerning burden of proof—enacted after the cause of action, but before trial—was procedural, retroactive, and applied to the case
  • “[I]n the absence of interdistrict conflict, district court decisions bind all Florida trial courts.”

Written by the judges who cited it.

Later courts went against this

  • Disagreed with by Pembroke Lakes Mall Ltd. v. McGruder, 2014 Fla. App. LEXIS 2578 (2014)

    While we agree with the way the Kenz court framed the issue, we disagree with the court’s conclusion.
    District Court of Appeal of FloridaFeb 26, 2014Read it
  • Disagreed with by Deborah Glaze, as Parent etc. v. Kathy Worley, DBA Chick- FIL-A etc., 157 So. 3d 552 (2015)

    Respectfully, we disagree with the Kenz court’s conclusion because the 2010 statute, section 768.0755, reinserts the pre-Owens [v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla.2001)] knowledge element into slip and fall claims.
    District Court of Appeal of FloridaMar 2, 2015Read it

The opinion

SCHWARTZ, Senior Judge

(specially concurring).

Because it is clear, as the Court holds, that summary judgment is appropriate either way, simply because there is not a semblance of evidence of negligence, I would affirm without reaching the primary issue discussed by the Court. See Pub. Health Trust of Miami-Dade County v. Metellus, 948 So.2d 4, 5 (Fla. 3d DCA 2006) (Shepherd, J., specially concurring) (citing PDK Labs., Inc. v. U.S. DEA., 362 F.3d 786, 799 (D.C.Cir.2004)).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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