C. MICHELLE COX, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF STEVEN R. COX, Deceased, for the Benefit of Decedent's Estate and His Survivors, C. Michelle Cox, Andrew S. Cox and Lauren M. Cox v. LITTLE SABINE, INCORPORATED, D/B/A HOLIDAY INN EXPRESS, PENSACOLA BEACH, A FOREIGN CORPORATION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA C. MICHELLE COX, as Personal Representative of the Estate of STEVEN R. COX, Deceased, for the benefit of Decedent's Estate and his survivors, C. MICHELLE COX, ANDREW S. COX AND LAUREN M. COX, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D05-4608 Appellant, v. L I T T L E S A B I N E , INCORPORATED, d/b/a HOLIDAY INN EXPRESS, PENSACOLA BEACH, a foreign corporation, Appellee. ___________________________/ Opinion filed July 26, 2006. An appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. John W. Frost, II, and Peter W. Van Den Boom of Frost, Tamayo, Sessums & Aranda, P.A., Bartow, for Appellant. Roy D. Wasson of Wasson & Associates, Miami, Amicus Curiae, Academy of Florida Trial Lawyers. Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for Appellee. Catherine B. Chapman of Huey, Guilday, Tucker, Schwartz & Williams, P.A., Tallahassee, and Tracy Raffles Gunn of Fowler, White, Boggs, Banker, P.A., Tampa, Amicus Curiae, Florida Defense Lawyers Association. PER CURIAM. Affirmed. See Sperka v. Little Sabine Bay, Inc., 642 So. 2d 654, 654 (Fla. 1st DCA 1994) (finding no error in the trial court s ruling that the hotel and its owners had no duty to warn Sperka, a guest of the hotel, of the presence of the concealed sandbar in the Gulf of Mexico near the Holiday Inn on Pensacola Beach, notwithstanding fact that the hotel was constructed to provide its guests with access to the adjoining beach and gulf, encouraged their use by providing guests with facilities on and near the beach, and advertised its facilities and amenities to attract guests to its hotel). BENTON, PADOVANO, and LEWIS, JJ., CONCUR. 2

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