Florida District Courts of Appeal, 1984

Wilensky v. Crazy Horse Tavern, Inc.

Florida District Courts of Appeal · Decided July 25, 1984 · Anstead, Downey, Walden

453 So. 2d 214; 1984 Fla. App. LEXIS 14221 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

DOWNEY and WALDEN, JJ., concur. ANSTEAD, C.J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Chief Judge,

dissenting:

Although I agree that summary judgment was proper on appellant’s negligence claim, I believe the appellant should have been allowed an opportunity to amend her pleadings to attempt to state a cause of action for breach of warranty and strict liability. See, e.g., New River Yachting Center v. Bacchiocchi, 407 So.2d 607 (Fla. 4th DCA 1981).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.