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Gilbert v. Waldron

Citations: 773 So. 2d 111; 2000 Fla. App. LEXIS 16348; 2000 WL 1838091Docket: No. 5D00-273

Court: District Court of Appeal of Florida; December 14, 2000; Florida; State Appellate Court

Narrative Opinion Summary

Dorothy Lorraine Gilbert, as the personal representative of Hoyt Champ Clark's estate, appeals a summary final judgment that favored Rayford Lee Waldron, who claimed immunity from suit due to his workers' compensation insurance for Clark, citing Florida Statute 440.10(1)(a). The appellate court reverses the summary judgment, stating that multiple factual issues remain unresolved and that Waldron is not entitled to judgment as a matter of law based on the current record. The case is reversed and remanded for further proceedings. Judges Thompson, Griffin, and Palmer concur with the decision.

Legal Issues Addressed

Summary Judgment Reversal

Application: The summary judgment in favor of the defendant was reversed due to unresolved factual disputes, necessitating further proceedings.

Reasoning: The appellate court reverses the summary judgment, stating that multiple factual issues remain unresolved and that Waldron is not entitled to judgment as a matter of law based on the current record.

Workers' Compensation Immunity under Florida Statute 440.10(1)(a)

Application: The appellate court found that the defendant's claim of immunity under the workers' compensation statute could not be upheld because there were unresolved factual issues.

Reasoning: The appellate court reverses the summary judgment, stating that multiple factual issues remain unresolved and that Waldron is not entitled to judgment as a matter of law based on the current record.