KATHLEEN CHITTENDEN, APPELLANT,
v.
FLORIDA POWER & LIGHT COMPANY, APPELLEE
KATHLEEN CHITTENDEN, APPELLANT,
FLORIDA POWER & LIGHT COMPANY, APPELLEE
600 So. 2d 571
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Chittenden appeals from a final summary judgment which held that Florida Power & Light Company was immune from liability as a “special employer” under section 440.11, Florida Statutes (1991). Finding conflicts between the affidavits and depositions before the trial court, we hold that there remain genuine issues of material fact on the special employment question and that entry of summary judgment was inappropriate. Alvarado v. Manro, Inc., 550 So. 2d 1174 (Fla. 3d DCA 1989). Therefore, we reverse and remand to the trial court for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barth Satuloff v. Am. Reliance Ins. Co., 700 So. 2d 421 (Fla. 3d DCA 1997)…priately granted summary judgment. See Moore v. Morris, 475 So. 2d 666, 668 (Fla.1985) (noting that summary judgment is inappropriate “unless the facts are so crystallized” that only questions of law remain); Chittenden v. Florida Power & Light Co., 600 So. 2d 571 (Fla. 3d DCA 1992) (holding that summary judgment is inappropriate where genuine issues of material fact remain). We therefore reverse and remand only for the purpose of determining the amount of damages to which Satuloff is entitled for his busine…
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Xiang Jun Cheng v. Uthai Sirichoke, 745 So. 2d 1152 (Fla. 3d DCA 1999)…o. 2d [*1154] 666, 668 (Fla.1985)(summary judgment is inappropriate unless the facts of the case are so crystallized that disposition of questions of law are all that remain for the trial court to determine); Chittenden v. Florida Power & Light Co., 600 So. 2d 571 (Fla. 3d DCA 1992)(same). This Court has said that “It is not merely an ‘abrupt stop’ by a preceding vehicle (if it is in its proper place on the highway) that rebuts or dissipates the presumption that the negligence of the rear driver was the sole…
Authorities Cited
- Rodriguez v. Pasteur Health Plan HMO, Inc., 550 So. 2d 1174 (Fla. 3d DCA 1989)