Capurso v. Dibling

District Court of Appeal of Florida

Capurso v. Dibling

531 So. 2d 364, 13 Fla. L. Weekly 2083, 1988 Fla. App. LEXIS 3984, 1988 WL 91222

CourtDistrict Court of Appeal of Florida

DecidedSeptember 7, 1988

DocketNo. 87-1480

StatusPublished

Cited by1 cases

This text of 531 So. 2d 364 (Capurso v. Dibling) 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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Capurso v. Dibling, 531 So. 2d 364, 13 Fla. L. Weekly 2083, 1988 Fla. App. LEXIS 3984, 1988 WL 91222 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

We reverse the entry of a summary judgment for the appellees. The complaint contains sufficient allegations to state a claim for gross negligence under the immunity provisions of the Workers’ Compensation Law, Section 440.11(1), Florida Statutes (1987). See Streeter v. Sullivan, 509 So.2d 268 (Fla.1987). Additionally, the motion for summary judgment was directed solely at the pleadings — therefore the plaintiff was not required to rebut matters of evidence not raised by the defendant. See Fla.R.Civ.P. 1.510(c).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

GUNTHER and STONE, JJ., and TOBIN, DAVID L., Associate Judge, concur.

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PER CURIAM.

We reverse the entry of a summary judgment for the appellees. The complaint contains sufficient allegations to state a claim for gross negligence under the immunity provisions of the Workers’ Compensation Law, Section 440.11(1), Florida Statutes (1987). See Streeter v. Sullivan, 509 So.2d 268 (Fla.1987). Additionally, the motion for summary judgment was directed solely at the pleadings — therefore the plaintiff was not required to rebut matters of evidence not raised by the defendant. See Fla.R.Civ.P. 1.510(c).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

GUNTHER and STONE, JJ., and TOBIN, DAVID L., Associate Judge, concur.

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531 So. 2d 364, 13 Fla. L. Weekly 2083, 1988 Fla. App. LEXIS 3984, 1988 WL 91222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capurso-v-dibling-fladistctapp-1988.

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