Florida District Courts of Appeal, 1986

Corder v. Orlando Fire Associates

Corder v. Orlando Fire Associates
Florida District Courts of Appeal · Decided December 18, 1986 · Cobb, Sharp, Upchurch
501 So. 2d 634; 1986 Fla. App. LEXIS 10979 (Southern Reporter, Second Series)

Corder v. Orlando Fire Associates

Opinion of the Court

PER CURIAM.

The summary judgment entered in this case is reversed, as appellant presented sufficient evidence below to raise a material factual issue. Additionally, upon remand it should be noted by the parties that this is not a case where the impact rule would be applicable, but rather one of an owner’s liability for an intentional tort committed by a third party on its property. See Allen v. Babrab, Inc., 438 So.2d 356 (Fla. 1983); Stevens v. Jefferson, 436 So.2d 33 (Fla. 1983); Orlando Executive Park Inc. v. Robbins, 433 So.2d 491 (Fla. 1983).

REVERSED and REMANDED.

UPCHURCH, C.J., COBB and SHARP, JJ., concur.

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