KERRY DREGGORS, ET AL., APPELLANTS,
v.
EMPLOYERS INSURANCE OF WAUSAU, ET AL., APPELLEES
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The court held that a factual dispute exists regarding the improper disclosure or use of illegally seized tape recordings in violation of chapter 934, Florida Statutes, precluding summary judgment. Spangler is not entitled to immunity for reporting workers' compensation fraud.
The Dreggors appealed a final summary judgment entered in favor of Spangler, Wausau, and Rissman. This case involves similar facts and legal issues to…
The full statement of facts, procedural history, and disposition for this case are member content.
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SIMMONS, C., Associate Judge.
Kerry Dreggors and Barney Dreggors (collectively “the Dreggors”) appeal the final summary judgment entered by the trial court in favor of Mark S. Spangler, Mark S. Spangler, P.A., Spangler, Mace & Zinaich, P.A. (collectively “Spangler”), Employers Insurance of Wausau (“Wau-sau”), and the law firm of Rissman, Weis-berg, Barrett, Hurt, Donahue and McLain, P.A. (“Rissman”).
This is a companion case to Horning-Keating v. Employers Insurance of Wausau, 969 So. 2d 412 (Fla. 5th DCA 2007), which addressed similar facts and identical legal issues. For the reasons expressed in Horning-Keating, we reverse final summary judgment in favor of Spangler because a factual dispute exists whether Spangler improperly disclosed or used the contents of the illegally seized tape recordings in violation of chapter 934, Florida Statutes (1995). Factual issues also preclude summary judgment as to the scope of Spangler’s employment with Rissman and the scope of his authority with Wausau and require that we reverse the final summary judgment entered in favor of Wau-sau and Rissman regarding the chapter 934 claims. Further, Spangler is not entitled to immunity for reporting workers’ compensation fraud, and, therefore, we reverse final summary judgment on this ground as well. We otherwise affirm.
Accordingly we affirm in part, reverse in part, and remand for proceedings consistent with this opinion. We also reverse the cost judgment entered below against the Dreggors in favor of the appellees.
AFFIRMED, REVERSED and REMANDED.
GRIFFIN and THOMPSON, JJ., concur.
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Dreggors v. Wausau Ins. Co., 995 So. 2d 547 (Fla. 5th DCA 2008)…tatements. The trial court granted summary judgment based on this argument. We reverse. This is a companion case to Horning-Keating v. Employers Insurance of Wausau, 969 So. 2d 412 (Fla. 5th DCA 2007), and Dreggors v. Employers Insurance of Wausau, 987 So. 2d 678 (Fla. 5th DCA 2007).1 In those cases, the lawsuits centered around the illegal, surreptitious recording of conversations in violation of chapter 934, Florida Statutes, the Security of Communications Act, relative to a workers’ compensation fraud cas…
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Dreggors v. Emp'rs Ins. OF Wausau, 16 So. 3d 309 (Fla. 5th DCA 2009)…ious activities in a prior worker’s compensation case. This case has been before this court on multiple prior occasions, including Horning-Keating v. Employers Ins. of Wausau, 969 So. 2d 412 (Fla. 5th DCA 2007); Dreggors v. Employers Ins. of Wausau, 987 So. 2d 678 (Fla. 5th DCA 2007); Dreggors v. Wausau Ins. Co., 995 So. 2d 547 (Fla. 5th DCA 2008). In the most recent appeal, we reversed the trial court’s ruling that Wau-sau could not be liable for Spangler’s conduct because of a lack of evidence that Wausau d…
Authorities Cited
- Horning-Keating v. Emp'rs Ins. OF Wausau, 969 So. 2d 412 (Fla. 5th DCA 2007)