Opinion
No. 1D05-4608.
July 26, 2006. Rehearing Denied September 28, 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.
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.