Alston v. Tilcon Construction & Plant Hire, Inc.

District Court of Appeal of Florida

Alston v. Tilcon Construction & Plant Hire, Inc.

433 So. 2d 55, 1983 Fla. App. LEXIS 20274

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 1983

DocketNo. 82-1894

StatusPublished

This text of 433 So. 2d 55 (Alston v. Tilcon Construction & Plant Hire, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alston v. Tilcon Construction & Plant Hire, Inc., 433 So. 2d 55, 1983 Fla. App. LEXIS 20274 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We reverse the summary judgment entered in favor of the appellee-subcontractor, Tilcon Construction & Plant Hire, Inc., upon a holding that the record before us does not show conclusively the absence of a genuine issue of fact as to whether Tilcon had the requisite degree of control over Prank Alston’s employer, Carribbean Steel Erection, Inc., another subcontractor, as to make the relationship between such subcontractors dependent, and thereby, under Section 440.-11, Florida Statutes (1979), immunize Tilcon from common-law liability to Alston. See Chase v. Tenbroeck, 399 So.2d 57 (Fla. 3d DCA 1981); McDonald v. Wilson Welding Works, Inc., 370 So.2d 863 (Fla. 1st DCA 1979) (Ervin, J., specially concurring).

Reversed and remanded for further proceedings.

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PER CURIAM.

We reverse the summary judgment entered in favor of the appellee-subcontractor, Tilcon Construction & Plant Hire, Inc., upon a holding that the record before us does not show conclusively the absence of a genuine issue of fact as to whether Tilcon had the requisite degree of control over Prank Alston’s employer, Carribbean Steel Erection, Inc., another subcontractor, as to make the relationship between such subcontractors dependent, and thereby, under Section 440.-11, Florida Statutes (1979), immunize Tilcon from common-law liability to Alston. See Chase v. Tenbroeck, 399 So.2d 57 (Fla. 3d DCA 1981); McDonald v. Wilson Welding Works, Inc., 370 So.2d 863 (Fla. 1st DCA 1979) (Ervin, J., specially concurring).

Reversed and remanded for further proceedings.

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433 So. 2d 55, 1983 Fla. App. LEXIS 20274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-tilcon-construction-plant-hire-inc-fladistctapp-1983.

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