Theisen v. Old Republic Insurance Co.

COWART, Judge.

This case involves a motion under Florida Rule of Civil Procedure 1.540(b), for relief from a final judgment on the ground that a subsequent appellate decision in an unrelated case changed the rule of law upon which the final judgment was based.

Appellant, the personal representative of a deceased employee with worker’s compensation benefits, sued the employer’s subcontractor based on negligence of the subcontractor’s employee causing the death of the employee. This court affirmed the trial court ruling that the worker’s compensation law barred the action. See Theisen v. Simmons,…