JUBRAN v. SOUTH LANE DISTRIBUTION CENTER LLC (2021)

Appellant, Victor R. Jubran, appeals an order granting final summary judgment in favor of Appellee, South Lane Distribution Center, LLC. Appellant, who alleged below that Appellee was negligent in the handling of its fencing in which he was injured and that Appellee failed to warn of the fence's dangers, argues that issues of material fact remain that preclude summary judgment. We agree that disputed material facts remain as to whether there was a fence on the border of Appellee's property at some point in time and whether Appellee was responsible for taking it down and leaving a portion of it on the ground where Appellant fell. Accordingly, we reverse the order granting summary judgment and remand for further proceedings. See Pickford v. Taylor Cnty. Sch. Dist., 298 So. 3d 707, 710 (Fla. 1st DCA 2020) (noting that an appellate court reviews a trial court's grant of summary judgment under the de novo standard of review to ascertain whether there are any genuine issues of material fact and that the court must view the evidence and draw all inferences in the light most favorable to the non-moving party); see also Williams v. Davis, 974 So. 2d 1052, 1060 (Fla. 2007) (explaining that numerous Florida cases have held that landowners were “responsible under a standard of reasonable care for conditions emanating from their property that were determined to constitute a danger and hazard to others”).

Reversed and Remanded for further proceedings.

Per Curiam.

Lewis, Tanenbaum, and Long, JJ., concur.