LAURA TINDALL-HOWELL AND TINDALL-HOWELL CONSULTING, INC., A FLORIDA CORP., APPELLANTS,
v.
ROBERT FITZSIMMONS AND COCONUT GROVE CIVIC CLUB, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 1991-03-12
No. 90-2080
Before COPE, LEVY and GODERICH, JJ.
576 So. 2d 814 Florida District Court of Appeal, Third District (1991) Caution
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Timmins v. Firestone, 283 So. 2d 63 (Fla. 4th DCA 1973).


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  • Sagarino v. Marriott Corp., 644 So. 2d 162 (Fla. 4th DCA 1994)
    …on for summary judgment that asserts facts that would, when viewed in the light most favorable to him, be sufficient to create a factual issue on the question of whether he was Marriott’s borrowed employee. Compare Smith v. Greg’s Crane Serv., Inc., 576 So. 2d 814 (Fla. 4th DCA 1991) (summary judgment improper where competing inferences existed on whether appellant was appellee’s borrowed servant). [*166] For the foregoing reasons, we conclude'the trial court erred in entering summary judgment in favor of Mar…
  • Austin v. The Duval Cnty. Sch. Bd., 657 So. 2d 945 (Fla. 1st DCA 1995)
    …n view of the different inferences that can be drawn from the undisputed facts of this case, see Locke v. Bank of Washington County, 501 So. 2d 1349, 1350 (Fla. 1st DCA), review denied, 511 So. 2d 297 (Fla.1987); Smith v. Greg’s Crane Service, Inc., 576 So. 2d 814, 815 (Fla. 4th DCA 1991), we conclude the trial court erred in finding Ms. Austin was a special employee of the School Board. Accordingly, we reverse the grant of final summary judgment in favor of Duval County School Board, and remand this cause f…
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    …ourt’s opinion and analysis. Employers Ins. of Wausau, 442 So. 2d at 954. Likewise, other districts have consistently followed that holding. See Sherrill v. Corbett Cranes Servs., 656 So. 2d 181, 183 (Fla. 5th DCA 1995); Smith v. Greg’s Crane Serv., 576 So. 2d 814, 819 (Fla. 4th DCA 1991). Here the subcontractor, Destiny, was not required to secure workers’ compensation for employees of the general contractor, LCC. Pursuant to the opinions by this court and the supreme court, the section 440.10(l)(e) excepti…

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