HINKLE v. ANGELS HOUSE LLC LLC (2021)

District Court of Appeal of Florida, Fourth District.

Sandra HINKLE, Individually and as Personal Representative of the Estate of Kaitlyn Cruea, and Guardian of Karter Cruea, a minor child, Appellant, v. ANGELS HOUSE, LLC d/b/a Angels Recovery, Tova Lynn Jasperson, Allen Martin Bostom, B. Carol Lazarus, S.M.A. Medical, Inc., Smart Lab, LLC, et al., Appellees.

No. 4D20-680

Decided: October 20, 2021

Susan B. Ramsey of McLaughlin & Stern, PLLC, West Palm Beach, and Jeffrey V. Mansell of Burlington & Rockenbach, P.A., West Palm Beach, for Appellant. Joshua M. Entin and Alvin E. Entin of Entin Law Group, P.A., Fort Lauderdale, for Appellees Allen Martin Bostom, Tova Lynn Jasperson, and Angels House, LLC. Scot E. Samis of Traub Lieberman Straus & Shrewsberry, St. Petersburg, for Appellee Carol Lazarus. Alyssa M. Reiter of Wicker Smith O'Hara McCoy & Ford, P.A., Fort Lauderdale, for Appellee S.M.A. Medical, Inc. Ronald W. Chapman, Sr. and Chidinma Victoria Esiobu of Chapman Law Group, Sarasota, for Appellee Smart Lab, LLC.

Affirmed.

I agree with the majority's affirmance of the dismissal of most of the counts of the Fourth Amended Complaint. I would reverse the dismissal of the negligence count against Angels House, LLC, and remand to the circuit court for further development of the facts.

Per Curiam.

May and Damoorgian, JJ., concur. Gross, J., concurs in part and dissents in part with an opinion.

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