REFUGIO GONZALEZ, APPELLANT,
v.
ADDI CO., ET AL., APPELLEE
REFUGIO GONZALEZ, APPELLANT,
ADDI CO., ET AL., APPELLEE
444 So. 2d 1132
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We disagree that Workers’ Compensation immunity appears on the face of plaintiff’s complaint. We reverse the order dismissing plaintiff’s third amended complaint without prejudice to Workmens’ Compensation being raised as an affirmative defense. See Sullivan v. Liberty Mut. Ins. Co., 367 So. 2d 658 (Fla. 4th DCA 1979), cert. denied 378 So. 2d 350 (Fla.1979).
Reversed and Remanded.
ANSTEAD, C.J., and BERANEK and WALDEN, JJ., concur.
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Citator
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Alhambra Homeowners Ass'n, Inc. v. Adnan Asad, 943 So. 2d 316 (Fla. 4th DCA 2006)…as well as those in which a defendant might prevail on the merits, when it provided for the allowance of attorney fees to the prevailing party.” Id. This court has cited Dolphin Towers with approval. See Hills of Inverrary Condos., Inc. v. Slachter, 444 So. 2d 1132 (Fla. 4th DCA 1984). Applying the general rule consistent with Dolphin Towers, we conclude that the Asads were the prevailing parties in the first suit. They correctly asserted the defense of failure of a condition precedent. In the face of á likel…
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Tula Moucha v. Burger King Corp., 450 So. 2d 335 (Fla. 5th DCA 1984)…rker’s compensation insurance coverage. The exclusionary provision of Section 440.11, is an affirmative defense and cannot be raised by a motion to dismiss. Walker v. I.T.D. Industries, Inc., 437 So. 2d 230 (Fla. 2nd DCA 1983); Gonzalez v. Addi Co., 444 So. 2d 1132 (Fla. 4th DCA 1984). The order dismissing Appellant’s complaint is reversed. ORFINGER, C.J., and COWART, J., concur.…
Authorities Cited
- Sullivan v. Liberty Mut. Ins. Co., 367 So. 2d 658 (Fla. 4th DCA 1979)