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MONTADAS v. DADE SCRAP IRON & METAL

No. 95-800.

666 So.2d 1054 (1996)

Eduardo MONTADAS, Appellant, v. DADE SCRAP IRON AND METAL, INC., Appellee.

District Court of Appeal of Florida, Third District.

January 31, 1996.

Attorney(s) appearing for the Case

Lorenzo & Capua and Peter M. Capua, Miami, for appellant.

John S. Freud and Peter E. Abraham, Miami, for appellee.

Before NESBITT, LEVY and GREEN, JJ.

PER CURIAM.

Eduardo Montadas, a pizza deliveryman, appeals an adverse final summary judgment entered in his personal injury action below. The trial court essentially concluded as a matter of law that the vice president/owner of appellee Dade Scrap Iron and Metal, Inc., who allegedly attacked Montadas in an altercation over a late delivery, was not acting within the scope of his employment nor in furtherance of appellee's interests. We reverse because there are conflicting...

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