From Casetext: Smarter Legal Research

Meyer v. Pitzele

District Court of Appeal of Florida, Third District
Jul 25, 1960
122 So. 2d 228 (Fla. Dist. Ct. App. 1960)

Opinion

No. 59-252.

July 25, 1960.

Appeal from the Circuit Court for Dade County, Grady L. Crawford.

Wicker Smith and Stephen C. McAliley, Miami, for appellant.

Greenspahn Spector, Miami, for appellees.


The plaintiff appeals a final judgment dismissing her complaint. The accident occurred when the plaintiff, a guest of a tenant of the defendant-landlord, left an apartment by an unlighted back staircase in gathering darkness, after entering the apartment from the front entrance, and fell in a stair well between the stair landing and a gate at the end of a walkway. The accident occurred in the State of Indiana and therefore in determining whether the complaint stated a cause of action, we are called upon to apply the law of the State of Indiana. Astor Electric Service v. Cabrera, Fla. 1952, 62 So.2d 759; Myrick v. Griffin, 146 Fla. 148, 200 So. 383.

We have examined the Indiana cases cited us by appellant and appellee. In addition, we have examined cases cited in the legal encyclopedias and digests and have found no case which would authorize a reversal of the trial judge's determination. Therefore the appellant having failed to demonstrate error, the judgment is affirmed.

Affirmed.

HORTON, C.J., and PEARSON and CARROLL, CHAS., JJ., concur.


Summaries of

Meyer v. Pitzele

District Court of Appeal of Florida, Third District
Jul 25, 1960
122 So. 2d 228 (Fla. Dist. Ct. App. 1960)
Case details for

Meyer v. Pitzele

Case Details

Full title:HENRIETTA N. MEYER, APPELLANT, v. ABE PITZELE AND RELIA PITZELE…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 25, 1960

Citations

122 So. 2d 228 (Fla. Dist. Ct. App. 1960)

Citing Cases

Schoen v. Gilbert

PER CURIAM. The final summary judgment under review which was entered below in favor of the defendant Robert…