Walker v. Winn-Dixie

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 WILLIAM WALKER, Appellant, v. Case Nos. 5D01-2402 & 5D01-2848 WINN-DIXIE STORES, INC., Appellee. / Opinion filed April 19, 2002 Appeal from the Circuit Court for Lake County, Don F. Briggs, Judge. Harran E. Udell and Vincent M. D'Assaro of Morgan, Colling & Gilbert, P.A., Orlando, and Garth J. Milazzo, Orlando, for Appellant. A. Craig Cameron and Michael J. Laporte of Cameron, Hodges & Coleman, P.A., Orlando, for Appellee. SAWAYA, J. William Walker appeals the summary final judgment entered in favor of Winn-Dixie Stores, Inc. in the personal injury action Mr. Walker filed to recover damages following his slip and fall on the supermarket’s premises. Pursuant to Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001), the benefit of which the trial court lacked when deciding the summary judgment motion, this court must reverse the judgment and remand the case for trial. REVERSED and REMANDED for further proceedings. GRIFFIN and ORFINGER, R. B., JJ., concur.

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