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Chittenden v. Fla. Power Light Com

District Court of Appeal of Florida, Third District
Jul 7, 1992
600 So. 2d 571 (Fla. Dist. Ct. App. 1992)

Summary

holding that summary judgment is inappropriate where genuine issues of material fact remain

Summary of this case from Satuloff v. American Rel. Ins. Co.

Opinion

No. 91-2831.

July 7, 1992.

An Appeal from the Circuit Court for Dade County; Maria M. Korvick, Judge.

Stansell Rice and Charles W. Rice, Miami, for appellant.

Conrad, Scherer, James Jenne and Linda R. Spaulding, Fort Lauderdale, for appellee.

Before BASKIN, FERGUSON and JORGENSON, JJ.


Chittenden appeals from a final summary judgment which held that Florida Power Light Company was immune from liability as a "special employer" under section 440.11, Florida Statutes (1991). Finding conflicts between the affidavits and depositions before the trial court, we hold that there remain genuine issues of material fact on the special employment question and that entry of summary judgment was inappropriate. Alvarado v. Manro, Inc., 550 So.2d 1174 (Fla. 3d DCA 1989). Therefore, we reverse and remand to the trial court for further proceedings.

Reversed and remanded.


Summaries of

Chittenden v. Fla. Power Light Com

District Court of Appeal of Florida, Third District
Jul 7, 1992
600 So. 2d 571 (Fla. Dist. Ct. App. 1992)

holding that summary judgment is inappropriate where genuine issues of material fact remain

Summary of this case from Satuloff v. American Rel. Ins. Co.
Case details for

Chittenden v. Fla. Power Light Com

Case Details

Full title:KATHLEEN CHITTENDEN, APPELLANT, v. FLORIDA POWER LIGHT COMPANY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 7, 1992

Citations

600 So. 2d 571 (Fla. Dist. Ct. App. 1992)

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