Sam's Crane & Equipment Co. v. Tolar

District Court of Appeal of Florida

Sam's Crane & Equipment Co. v. Tolar

688 So. 2d 418, 1997 Fla. App. LEXIS 1024, 1997 WL 61025

CourtDistrict Court of Appeal of Florida

DecidedFebruary 14, 1997

DocketNo. 96-02347

StatusPublished

This text of 688 So. 2d 418 (Sam's Crane & Equipment Co. v. Tolar) 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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Sam's Crane & Equipment Co. v. Tolar, 688 So. 2d 418, 1997 Fla. App. LEXIS 1024, 1997 WL 61025 (Fla. Ct. App. 1997).

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Opinion

CAMPBELL, Acting Chief Judge.

Appellant, Sam’s Crane & Equipment Company, Inc. (Sam’s Crane), seeks review of the trial court’s nonfinal order denying its motion for summary judgment based on its claim of workers’ compensation immunity. The order on appeal did not determine that Sam’s Crane was not entitled to workers’ compensation immunity as a matter of law. The record reveals that the trial court was concerned with unresolved factual issues that prevented the granting of summary judgment. We are, therefore, without jurisdiction to consider this appeal. See Pizza Hut of America, Inc. v. Miller, 674 So.2d 178 (Fla. 2d DCA), rev. granted, 683 So.2d 484 (Fla.1996).

Appeal dismissed.

PARKER, J., and HALL, VINCENT T., Senior Judge, concur.

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CAMPBELL, Acting Chief Judge.

Appellant, Sam’s Crane & Equipment Company, Inc. (Sam’s Crane), seeks review of the trial court’s nonfinal order denying its motion for summary judgment based on its claim of workers’ compensation immunity. The order on appeal did not determine that Sam’s Crane was not entitled to workers’ compensation immunity as a matter of law. The record reveals that the trial court was concerned with unresolved factual issues that prevented the granting of summary judgment. We are, therefore, without jurisdiction to consider this appeal. See Pizza Hut of America, Inc. v. Miller, 674 So.2d 178 (Fla. 2d DCA), rev. granted, 683 So.2d 484 (Fla.1996).

Appeal dismissed.

PARKER, J., and HALL, VINCENT T., Senior Judge, concur.

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688 So. 2d 418, 1997 Fla. App. LEXIS 1024, 1997 WL 61025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sams-crane-equipment-co-v-tolar-fladistctapp-1997.

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