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CLERKIN v. KENDALL TOWN & COUNTRY ASSOCIATES, LTD.

No. 87-1731.

535 So.2d 288 (1988)

Mark CLERKIN, Appellant, v. KENDALL TOWN & COUNTRY ASSOCIATES, LTD., a Limited Partnership, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing January 3, 1989.

Attorney(s) appearing for the Case

Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel D. Eaton, Rossman, Baumberger & Peltz, for appellant.

Richard A. Sherman and Rosemary Wilder, Ft. Lauderdale, for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.

PER CURIAM.

The final summary judgment under review is reversed and the cause is remanded for further proceedings upon a holding that genuine issues of material fact are presented on this record as to: (1) whether the defendant/owner Kendall Town & Country Associates, Ltd. was acting as its own general contractor on the construction project wherein the plaintiff Mark Clerkin was injured as an employee of an independent...

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