C.W. Roberts Contracting, Inc. v. Cuchens

The defendant in a wrongful death suit appeals the denial of its motion for summary judgment which was based on a claim of immunity under section 440.10, Florida Statutes. We have jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(v). We find that there were no genuine issues of material fact precluding entry of summary judgment, and that under the undisputed facts material to the ruling, appellant was the statutory employer of the plaintiffs decedent and was therefore entitled to summary judgment as a matter of law on both counts of the complaint. We reject appellee’s…