Ackerman v. Miami Rescue Mission, Inc.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 TAMARA ACKERMAN, Appellant, v. MIAMI RESCUE MISSION, INC., d/b/a BROWARD OUTREACH CENTER, Appellee. No. 4D10-2891 [November 24, 2010] PER CURIAM. In this negligence action involving a trip and fall at the Broward Outreach Center, a homeless shelter, the trial court granted summary judgment in favor of the defendant Center. In this appeal of the summary judgment, the Center has filed a notice of consent to this court entering a decision remanding this case to the trial court with instructions to vacate the summary final judgment that is the subject of this appeal. Upon a review the record, we accept appellee s concession of error and reverse. Reversed and remanded for further proceedings consistent with this decision. STEVENSON, DAMOORGIAN and GERBER, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carol-Lisa Phillips, Judge; L.T. Case No. 08-034385 25. Neil Rose and Dara L. Schottenfeld of Bernstein, Chackman, Liss & Rose, Hollywood, and Russel Lazega of the Law Office of Russel Lazega, North Miami, for appellant. Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Ft. Lauderdale, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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