ANNA HORN GARCIA, AS EXECUTRIX OF THE ESTATE OF GORDON M. PHILLIPS, DECEASED, APPELLANT,
v.
PROEFKE-NIELSON CONSTRUCTION COMPANY AND RELIANCE INSURANCE COMPANY, APPELLEES

Fla. 2d DCA | 1979-03-02
No. 78-1305
SCHEB and DANAHY, JJ., concur.
368 So. 2d 85 Florida District Court of Appeal, Second District (1979) Positive Treatment
Cited by 4 cases
Topics
Subcontractor Status Genuine Issue Of Material Fact

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Opinion of the Court
BOARDMAN, Acting Chief Judge.

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. After 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 appellee, 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

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  • Eileen and Charles Ferrara v. Belcher Indus., Inc., 483 So. 2d 477 (Fla. 3d DCA 1986)
    …nce that occurred, the trial court was without jurisdiction to proceed, on June 10 and June 14, on the motion for relief from judgment. Glatstein v. City of Miami, 391 So. 2d 297 (Fla. 3d DCA 1980); Edward J. DeBartolo Corp. v. Dryvit Systems, Inc., 368 So. 2d 85 (Fla. 2d DCA 1979). The order vacating the final judgment is reversed and the cause is remanded for an evidentiary hearing on the timely filed motion for relief from judgment. The appellee’s motion to relinquish jurisdiction is denied. Reversed an…
  • Zuckerman v. Alex Hofrichter, P.A., 630 So. 2d 210 (Fla. 3d DCA 1993)
    …on for relief from judgment once appellate jurisdiction is invoked. Ferrara v. Belcher Indus., Inc., 483 So. 2d 477 (Fla. 3d DCA 1986); Glatstein v. City of Miami, 391 So. 2d 297 (Fla. 3d DCA 1980); Edward J. DeBartolo Corp. v. Dryvit Systems, Inc., 368 So. 2d 85 (Fla. 2d DCA 1979). Accordingly, the trial court lacked jurisdiction over the independent action, upon the filing of this appeal. In sum, we hold that upon the filing of a notice of appeal of a final judgment, a [*212] non-party may not pursue an i…
  • Allston v. State, 685 So. 2d 1312 (Fla. 2d DCA 1996)
    …g filed in this court. [*1313] Allston’s notice of appeal met the threshold requirements of Florida Rule of Appellate Procedure 9.110(d) and, upon filing, divested the circuit court of jurisdiction. Edward J. DeBartolo Corp. v. Dryvit Systems, Inc., 368 So. 2d 85 (Fla. 2d DCA 1979). See also Alfonso v. Department of Environmental Regulation, 616 So. 2d 44 (Fla.1993); Williams v. State, 324 So. 2d 74 (Fla.1975). In Alfonso v. Department of Environmental Regulation, the supreme court explained that: [A]n app…

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