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Florida District Courts of Appeal, 1997

Guerette v. Zierer U.S.A., Inc.

Guerette v. Zierer U.S.A., Inc.
Florida District Courts of Appeal · Decided September 3, 1997 · Dell, Englander, Gunther, Henning
698 So. 2d 637; 1997 Fla. App. LEXIS 10011; 1997 WL 536983 (Southern Reporter, Second Series)

Guerette v. Zierer U.S.A., Inc.

Opinion of the Court

PER CURIAM.

We affirm. Appellant filed a multi-count amended complaint against several defendants claiming damages for the wrongful death of Leigh Ann Guerette. The trial court dismissed with prejudice appellant’s claim against the State of Florida, Department of Agriculture & Consumer Services. The court concluded that section 616.242, Florida Statutes (1993), does not as a matter of law create the relationship necessary to place a special duty on the State of Florida. We agree and affirm based on the authority of Trianon Park Condominium Ass’n v. City of Hialeah, 468 So.2d 912, 917 (Fla. 1985).

AFFIRMED.

DELL and GUNTHER, JJ., and HENNING, PATTI ENGLANDER, Associate Judge, concur.

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

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