Florida District Courts of Appeal, 1990

Amador ex rel. Amador v. Valdez

Amador ex rel. Amador v. Valdez
Florida District Courts of Appeal · Decided May 15, 1990 · Cope, Ferguson, Gersten
561 So. 2d 423; 1990 Fla. App. LEXIS 3334; 1990 WL 62865 (Southern Reporter, Second Series)

Amador ex rel. Amador v. Valdez

Opinion of the Court

PER CURIAM.

Appellant, Eric Amador, a minor, appeals a final summary judgment in favor of ap-pellees, Mario Valdez and Reina Valdez, on appellant’s action for negligence. We affirm.

Appellant sought to recover damages for a personal injury allegedly sustained when he fell on his grandparent’s lawn. Most certainly the child fell and sustained an injury. However, the fact that he fell, without more, is insufficient to sustain an action for negligence. We find no material issues of fact, and therefore find that summary judgment was proper. See Moore v. Morris, 475 So.2d 666 (Fla. 1985).

Appellant’s other issue concerning the trial court’s setting aside the default is without merit. Here, the trial court was well inside the parameters of judicial discretion. See Cabral v. Diversified Services, Inc., 560 So.2d 246 (Fla. 3d DCA 1990).

Affirmed.

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