Guevara v. Diehl

District Court of Appeal of Florida

Guevara v. Diehl

592 So. 2d 379, 1992 Fla. App. LEXIS 785, 1992 WL 16018

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1992

DocketNo. 91-00729

StatusPublished

This text of 592 So. 2d 379 (Guevara v. Diehl) 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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Guevara v. Diehl, 592 So. 2d 379, 1992 Fla. App. LEXIS 785, 1992 WL 16018 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellants, Maria G. Guevara and Amado Guevara, her husband, ask us in this appeal to hold that appellee, Frank I. Diehl, a general partner d/b/a Frank Diehl Farms, a partnership, is not entitled under section 440.11(1), Florida Statutes (1985), to employer immunity from liability in a personal injury action. We decline to so hold and affirm the order dismissing appellants’ complaint with prejudice on the authority of Fink v. Fink, 64 So.2d 770 (Fla.1953) and Key v. Goley, 402 So.2d 80 (Fla. 1st DCA 1981). Appellee had not waived his exemption as an employer pursuant to section 440.05. The interpretation of chapter 440 sought by appellant must come by way of legislative action and not judicial decision.

Affirmed.

CAMPBELL, A.C.J., PARKER, J., and CASE, JAMES R., Associate Judge, concur.

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PER CURIAM.

Appellants, Maria G. Guevara and Amado Guevara, her husband, ask us in this appeal to hold that appellee, Frank I. Diehl, a general partner d/b/a Frank Diehl Farms, a partnership, is not entitled under section 440.11(1), Florida Statutes (1985), to employer immunity from liability in a personal injury action. We decline to so hold and affirm the order dismissing appellants’ complaint with prejudice on the authority of Fink v. Fink, 64 So.2d 770 (Fla.1953) and Key v. Goley, 402 So.2d 80 (Fla. 1st DCA 1981). Appellee had not waived his exemption as an employer pursuant to section 440.05. The interpretation of chapter 440 sought by appellant must come by way of legislative action and not judicial decision.

Affirmed.

CAMPBELL, A.C.J., PARKER, J., and CASE, JAMES R., Associate Judge, concur.

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592 So. 2d 379, 1992 Fla. App. LEXIS 785, 1992 WL 16018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guevara-v-diehl-fladistctapp-1992.

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