2025-0115•Aaron J. Moss v. Michaels Management- Affordable LLC, et al
Aaron J. Moss v. Michaels Management- Affordable LLC, et al
2025-0115Fladistctapp4
Gesamter Gesetzestext
D ISTRICT C OURT OF A PPEAL O F T HE STATE OF F LORIDA FOURTH DISTRICT AARON J. MOSS, Appellant, v. PERSAUD USA PROPERTY HOLDINGS, LLC, Appellee. No. 4D2025-0115 [April 1, 2026] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos Augusto Rodriguez, Judge; L.T. Case Nos. CACE22-014020; CACE23-012721. David Hirsch of Broward’s Hirsch and Associates, Davie, for appellant. Lissette Gonzalez of Cole, Scott & Kissane, P.A., Miami, for appellee. PER CURIAM . Affirmed. See Relyea v. State, 385 So. 2d 1378, 1382–83 (Fla. 4th DCA 1980) (“[A] landowner is not an insurer of the safety of his invitees and is not required to take precautions against a sudden attack from a third person which he has no reason to anticipate.”), disapproved of on other grounds by Avallone v. Bd. of Cnty. Comm’rs of Citrus Cnty., 493 So. 2d 1002 (Fla. 1986); Varone v. Publix Super Markets, Inc., 51 Fla. L. Weekly D490a (Fla. 4th DCA Mar. 18, 2026) (“We hold that Relyea remains good law . . . Foreseeability, as it bears on duty, arises from a landowner’s knowledge of prior similar conduct, not from the unforeseeable, isolated act of a particular assailant.”); Las Olas Holding Co. v. Demella, 228 So. 3d 97, 103 (Fla. 4th DCA 2017) (“[A] property owner ‘is ordinarily under no duty to exercise any care to warn or guard against the harmful acts of a third party unless that third party’s harmful behavior is reasonably foreseeable.’” (quoting Leitch v. City of Delray Beach, 41 So. 3d 411, 412 (Fla. 4th DCA 2010))); Bryan v. Galley Maid Marine Prods., Inc., 287 So. 3d 1281, 1286 (Fla. 4th DCA 2020). L EVINE , FORST and S HEPHERD, JJ., concur.
2 * * * Not final until disposition of timely-filed motion for rehearing.
1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT AARON J. MOSS, Appellant, Vv. PERSAUD USA PROPERTY HOLDINGS, LLC, Appellee. No. 4D2025-0115 [April 1, 2026] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos Augusto Rodriguez, Judge; L.T. Case Nos. CACE22-014020; CACE23-012721. David Hirsch of Broward’s Hirsch and Associates, Davie, for appellant. Lissette Gonzalez of Cole, Scott & Kissane, P.A., Miami, for appellee. PER CURIAM. Affirmed. See Relyea v. State, 385 So. 2d 1378, 1382-83 (Fla. 4th DCA 1980) (“[A] landowner is not an insurer of the safety of his invitees and is not required to take precautions against a sudden attack from a third person which he has no reason to anticipate.”), disapproved of on other grounds by Avallone v. Bd. of Cnty. Comm’rs of Citrus Cnty., 493 So. 2d 1002 (Fla. 1986); Varone v. Publix Super Markets, Inc., 51 Fla. L. Weekly D490a (Fla. 4th DCA Mar. 18, 2026) (“We hold that Relyea remains good law ... Foreseeability, as it bears on duty, arises from a landowner’s knowledge of prior similar conduct, not from the unforeseeable, isolated act of a particular assailant.”); Las Olas Holding Co. v. Demella, 228 So. 3d 97, 103 (Fla. 4th DCA 2017) (“[A] property owner ‘is ordinarily under no duty to exercise any care to warn or guard against the harmful acts of a third party unless that third party’s harmful behavior is reasonably foreseeable.” (quoting Leitch v. City of Delray Beach, 41 So. 3d 411, 412 (Fla. 4th DCA 2010))); Bryan v. Galley Maid Marine Prods., Inc., 287 So. 3d 1281, 1286 (Fla. 4th DCA 2020). LEVINE, FORST and SHEPHERD, JJ., concur. Not final until disposition of timely-filed motion for rehearing.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.