Garcia v. Proefke-Nielson Construction Co.

District Court of Appeal of Florida

Garcia v. Proefke-Nielson Construction Co.

368 So. 2d 85, 1979 Fla. App. LEXIS 14196

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 1979

DocketNo. 78-1305

StatusPublished

This text of 368 So. 2d 85 (Garcia v. Proefke-Nielson Construction Co.) 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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Garcia v. Proefke-Nielson Construction Co., 368 So. 2d 85, 1979 Fla. App. LEXIS 14196 (Fla. Ct. App. 1979).

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Opinion

BOARDMAN, Acting Chief Judge.

Appellant/plaintiff Anna Horn Garcia, executrix of the decedent’s estate, appeals the final summary judgment entered in favor of appellee/defendant Proefke-Nielson Construction Company. We reverse.

[86]*86After review of the record and briefs filed herein, we hold that a genuine issue of material fact exists as to whether Burns International Security Services, Inc., decedent’s employer, was a subcontractor of ap-pellee, a general contractor. Appellee has failed to conclusively resolve this question in its favor because there are reasonable inferences to the contrary which may be drawn in favor of appellant. Accordingly, the summary judgment entered by the trial court on the pleadings should be reversed and the cause remanded for further proceedings consistent with this opinion. E. g., Belghaus v. Polcar, 356 So.2d 44 (Fla. 2d DCA 1978).

REVERSED and REMANDED.

SCHEB and DANAHY, JJ., concur.

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BOARDMAN, Acting Chief Judge.

Appellant/plaintiff Anna Horn Garcia, executrix of the decedent’s estate, appeals the final summary judgment entered in favor of appellee/defendant Proefke-Nielson Construction Company. We reverse.

[86]*86After review of the record and briefs filed herein, we hold that a genuine issue of material fact exists as to whether Burns International Security Services, Inc., decedent’s employer, was a subcontractor of ap-pellee, a general contractor. Appellee has failed to conclusively resolve this question in its favor because there are reasonable inferences to the contrary which may be drawn in favor of appellant. Accordingly, the summary judgment entered by the trial court on the pleadings should be reversed and the cause remanded for further proceedings consistent with this opinion. E. g., Belghaus v. Polcar, 356 So.2d 44 (Fla. 2d DCA 1978).

REVERSED and REMANDED.

SCHEB and DANAHY, JJ., concur.

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368 So. 2d 85, 1979 Fla. App. LEXIS 14196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-proefke-nielson-construction-co-fladistctapp-1979.

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