Chittenden v. Florida Power & Light Co.

District Court of Appeal of Florida

Chittenden v. Florida Power & Light Co.

600 So. 2d 571, 1992 Fla. App. LEXIS 7884, 1992 WL 153903

District Court of Appeal of Florida·Decided July 7, 1992·No. No. 91-2831·Published·Cited by 2 cases

Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

Chittenden v. Florida Power & Light Co., 600 So. 2d 571, 1992 Fla. App. LEXIS 7884, 1992 WL 153903 (Fla. Ct. App. 1992).

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Opinion

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