19 Cited authorities

Trianon Park Condominium v. City of Hialeah
468 So. 2d 912 (Fla. 1985) Cited 349 times 3 Legal Analyses
Holding that "for there to be governmental tort liability, there must be either an underlying common law or statutory duty of care"
Augustus v. Board of Public Instruction
306 F.2d 862 (5th Cir. 1962) Cited 666 times
Holding that "a motion to strike should be granted only when the pleading to be stricken has no possible relation to the controversy."
Owens v. Publix Supermarkets
802 So. 2d 315 (Fla. 2001) Cited 135 times 3 Legal Analyses
In Owens, the Supreme Court of Florida shifted the burden of proof in constructive knowledge cases involving transitory substances from an injured plaintiff to a premises owner.
Markowitz v. Helen Homes of Kendall Corp.
826 So. 2d 256 (Fla. 2002) Cited 77 times
In Markowitz, the court recognized that the duty of premises owners to maintain their premises in a safe condition was not limited to simply detecting the dangerous conditions as they occur, but businesses were under a duty to take actions to "reduce, minimize, or eliminate foreseeable risks before they manifest themselves...."
Wichael v. Wal-Mart Stores E., LP
Case No: 6:14-cv-579-Orl-40DAB (M.D. Fla. Oct. 30, 2014) Cited 19 times
Declining to strike a redundant claim
Chiara v. Fry's Food Stores of Arizona, Inc.
152 Ariz. 398 (Ariz. 1987) Cited 55 times
Holding that, in method of operation case, plaintiff must demonstrate foreseeability of "third-party interference"
J.M. v. Gargett
101 So. 3d 352 (Fla. 2012) Cited 16 times
No. SC11–611. 2012-10-4 J.M., a child, Petitioner, v. Frank GARGETT, etc., Respondent. Larry Louis Eger, Public Defender and Gino John Lombardi, Assistant Public Defender, Twelfth Judicial Circuit, Sarasota, FL, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, FL, and Susan Mary Shanahan, and Robert Jay Krauss, Assistant Attorneys General, Tampa, FL, for Respondent. PER CURIAM. Larry Louis Eger, Public Defender and Gino John Lombardi, Assistant Public Defender, Twelfth Judicial Circuit
Bauer v. Dilib
16 So. 3d 318 (Fla. Dist. Ct. App. 2009) Cited 8 times
Holding that state statute authorizing an award of fees in a suit to enforce a restrictive covenant did not authorize such an award in a suit involving a claim of tortious interference with a contract containing a restrictive covenant
Chevron U.S.A. v. Forbes
783 So. 2d 1215 (Fla. Dist. Ct. App. 2001) Cited 14 times
Finding violation of Florida Statute 526.141 regulating gas station attendants was only evidence of negligence because the statute is designed to protect the general public as opposed to a particular class of persons
Carvajal v. Walgreen Co.
Case Number: 10-23931-CIV-MARTINEZ-MCALILEY (S.D. Fla. Jun. 24, 2011) Cited 1 times
Case Number: 10-23931-CIV-MARTINEZ-MCALILEY. June 24, 2011 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO STRIKE ALLEGATIONS IN COUNT I AND TO DISMISS COUNT II JOSE MARTINEZ, District Judge THIS CAUSE came before the Court upon Defendant, Walgreen Co.'s Motion to Strike Allegations Contained in Count I, and to Dismiss Count II of Plaintiff's Amended Complaint (D.E. No. 36). Plaintiff Maria Del Carmen Carvajal ("Plaintiff") has filed a negligence action against Defendant Walgreen
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 348,617 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 21,952 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 768.0755 - Premises liability for transitory foreign substances in a business establishment
Fla. Stat. § 768.0755 Cited 174 times 7 Legal Analyses
Requiring either actual or constructive knowledge for liability

Woodman v. Bravo Brio Restaurant Group, Inc.

19 Cited authorities

Holding that "for there to be governmental tort liability, there must be either an underlying common law or statutory duty of care"

Holding that "a motion to strike should be granted only when the pleading to be stricken has no possible relation to the controversy."

In Owens, the Supreme Court of Florida shifted the burden of proof in constructive knowledge cases involving transitory substances from an injured plaintiff to a premises owner.

Declining to strike a redundant claim

Holding that, in method of operation case, plaintiff must demonstrate foreseeability of "third-party interference"

Holding that state statute authorizing an award of fees in a suit to enforce a restrictive covenant did not authorize such an award in a suit involving a claim of tortious interference with a contract containing a restrictive covenant

Finding violation of Florida Statute 526.141 regulating gas station attendants was only evidence of negligence because the statute is designed to protect the general public as opposed to a particular class of persons

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

Requiring either actual or constructive knowledge for liability