Alvarez v. Food Lion Inc.

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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA December 28, 2001 MAYRA ALVAREZ and MIGUEL ALVAREZ, Appellants, v. ) ) ) ) ) ) Case No. 2D00-4656 FOOD LION, INC., a foreign corporation, ) Appellee. _____________________________________ ) ) ) BY ORDER OF THE COURT: Upon its own motion, this court granted rehearing in this case. The opinion dated October 31, 2001, is withdrawn, and the attached opinion is substituted therefor. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER JAMES BIRKHOLD, CLERK c: Esther E. Galicia Arnold R. Ginsberg NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MAYRA ALVAREZ and MIGUEL ALVAREZ, Appellants, v. FOOD LION, INC., a foreign corporation, Appellee. ) ) ) ) ) ) ) ) ) ) ) Case No. 2D00-4656 Opinion filed December 28, 2001. Appeal from the Circuit Court for Collier County; Hugh D. Hayes, Judge. Arnold R. Ginsberg of Ginsberg & Schwarz Miami, and Andy M. Custer, Lake Worth, for Appellants. Esther E. Galicia and Valencia Y. Stubbs of George Hartz Lundeen Fulmer Johnstone King & Stevens, Fort Lauderdale, for Appellee. CASANUEVA, Judge. The trial court entered summary judgment in favor of defendant Food Lion, Inc., and against plaintiffs Mayra Alvarez and Miguel Alvarez in this personal injury action involving a slip and fall in a grocery store. At the time summary judgment was entered the trial court did not have the benefit of the Florida Supreme Court s decision in Owens v. Publix Supermarkets, Inc., 26 Fla. L. Weekly S756a (Fla. Nov. 15, 2001). Accordingly, we reverse and remand for reconsideration in light of Owens. Reversed and remanded. ALTENBERND, A.C.J., and WHATLEY, J., Concur.

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