# Kenz v. Miami-Dade County

> District Court of Appeal of Florida · April 24, 2013 · 116 So. 3d 461

URL: https://www.frixlaw.com/law-library/cases/4802271

## Case

- **Full name:** Carrie KENZ v. MIAMI-DADE COUNTY and Unicco Service Company
- **Court:** District Court of Appeal of Florida
- **Decided:** April 24, 2013
- **Citations:** 116 So. 3d 461; 2013 Fla. App. LEXIS 6592; 2013 WL 1748954
- **Precedential status:** Published
- **Opinion:** Concurrence by Schwartz
- **Judges:** Lagoa, Schwartz, Shepherd
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Disagreed with by Deborah Glaze, as Parent etc. v. Kathy Worley, DBA Chick- FIL-A etc., 157 So. 3d 552 (2015).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4802271

## How later opinions describe it (automated extraction)

- 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 …
- 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
- holding section 768.0755 could be applied retroactively

## Opinion text

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)).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4802271. Public record. Not legal advice.