REYES v. ZBIN

No. 68-337.

217 So.2d 150 (1968)

Jose REYES, Appellant, v. Dan ZBIN, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 21, 1969.


Attorney(s) appearing for the Case

Jerry Larotonda, Miami, for appellant.

Welsh & Carroll, Miami, for appellee.

Before HENDRY and SWANN, JJ., and WHITE, JOSEPH S., Associate Judge (Ret.)


WHITE, JOSEPH S., Associate Judge (Retired).

Plaintiff in the lower court has appealed from a final judgment in defendant's favor entered upon the latter's motion for summary judgment.

Plaintiff was injured while using a machine which defendant had leased to plaintiff's employer. Defendant was sued as a "third party" under the Workmen's Compensation Law and plaintiff's cause of action was stated thus:

"* * *

"2. On or about August 27, 1965...

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