J.M. Beeson Co. v. Munn

1991 Fla. App. LEXIS 819 · District Court of Appeal of Florida · Feb 6, 1991

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J.M. BEESON COMPANY and Jack Hardy, Inc. v. Keble Aubrey MUNN and Beverly Yvonne Munn, as Guardians of the Person and Estate of Keble Gordon Munn, an incompetent Keble Aubrey Munn and Beverly Yvonne Munn, individually Horizons Development, Inc., a Florida Corporation Tam O'Shanter Associates, Ltd., a Florida Limited Partnership d/b/a B C Associates JJW, Inc., a Georgia Corporation, its sole general partner, a joint venture Walter H. Keller, Jr., Inc., a Florida Corporation Walter H. Keller Jr. Department of Transportation, State of Florida Tam O'Shanter Associates, L.P., a Delaware Limited Partnership Berg-Harmon Associates, as general partner, a New Jersey joint venture, Robert T. Harmon, general partner of Harmon Associates, a New Jersey Limited Partnership and a member of the joint venture, Robert T. Harmon, general partner of Harmon Associates, Berg Ventures, Inc., a coventurer and Troy Anthony Brennan, Appellees Keble Aubrey MUNN and Beverly Yvonne Munn, as Guardians of the Person and Estate of Keble Gordon Munn, an incompetent and Keble Aubrey Munn and Beverly Yvonne Munn, individually v. J.M. BEESON COMPANY, Cross/Appellee

PER CURIAM. We reverse the summary judgment entered in favor of the Department of Transportation because we agree that there are issues of fact both as to the Department’s acceptance of the road project in question, and as to the Department’s liability for the alleged dangerous condition. See, e.g., Allen v. Port Everglades Auth., 553 So.2d 1341 (Fla. 4th DCA 1989). We affirm the trial court’s order dismissing Appellee-Brennan as a party defendant. ANSTEAD, DELL and GUNTHER, JJ., concur.