Summary
holding that summary judgment is inappropriate where genuine issues of material fact remain
Summary of this case from Satuloff v. American Rel. Ins. Co.Opinion
No. 91-2831.
July 7, 1992.
An Appeal from the Circuit Court for Dade County; Maria M. Korvick, Judge.
Stansell Rice and Charles W. Rice, Miami, for appellant.
Conrad, Scherer, James Jenne and Linda R. Spaulding, Fort Lauderdale, for appellee.
Before BASKIN, FERGUSON and JORGENSON, JJ.
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.