BATMASIAN v. BALLACHINO

No. 4D99-1587.

755 So.2d 157 (2000)

James H. BATMASIAN d/b/a Investments Limited, Appellant, v. Paul BALLACHINO, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 25, 2000.


Attorney(s) appearing for the Case

Alexander D. Varkas, Jr., and Robert A. Sweetapple of Sweetapple, Broeker & Varkas, Boca Raton, for appellant.

Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, and Earle Lee Butler of Earle Lee Butler, P.A., Fort Lauderdale, for appellee Ballachino.


FARMER, Judge.

We reverse the summary judgment finding liability in favor of plaintiff and directing that trial proceed only on damage related issues. We reject plaintiff's argument that defendant can be considered a statutory employer within the meaning of section 440.10(1)(b).

While an individual property owner who contracts for repairs, as here, on the subject real estate may possibly qualify as a "contractor" and thereby also amount to a statutory employer...

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