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Caro v. Willow Pointe, Inc.

District Court of Appeal of Florida, Third District
Nov 25, 1998
720 So. 2d 1173 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-0617.

November 25, 1998.

An appeal from the Circuit Court for Dade County, Robert P. Kaye, Judge.

Robbins Reynolds and Marc J. Reynolds, Miami; Arthur Joel Berger, Miami, for Appellant.

Behan, Hektner Miller and Patrick W. Gent, Palm Beach Gardens, for Appellee.

Before COPE, FLETCHER and SHEVIN, JJ.


Appellant is a construction worker who was injured on the job. Appellee is the owner of the property on which the construction was occurring. The record does not support appellant's claim that the owner in any way controlled the project. The record likewise does not support appellant's claim that the general contractor was something other than an independent contractor. The summary judgment based on worker's compensation immunity is affirmed. See Juno Indus. Inc. v. Heery Int'l, 646 So.2d 818, 823 (Fla. 5th DCA 1994); St. Lucie Harvesting and Caretaking Corp. v. Cervantes, 639 So.2d 37, 39 (Fla. 4th DCA 1994); Van Ness v. Independent Constr. Co., 392 So.2d 1017, 1019 (Fla. 5th DCA 1981).

Affirmed.


Summaries of

Caro v. Willow Pointe, Inc.

District Court of Appeal of Florida, Third District
Nov 25, 1998
720 So. 2d 1173 (Fla. Dist. Ct. App. 1998)
Case details for

Caro v. Willow Pointe, Inc.

Case Details

Full title:Fernando CARO, Appellant, v. WILLOW POINTE, INC., Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 25, 1998

Citations

720 So. 2d 1173 (Fla. Dist. Ct. App. 1998)