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CUERO v. RYLAND GROUP, INC.

No. 2D01-4138.

849 So.2d 326 (2003)

Luis "Flavio" CUERO, Appellant, v. The RYLAND GROUP, INC. d/b/a Ryland Homes; Ryland Homes of Florida Realty Corporation; Sunfish Framing & Construction, Inc., Carlos Maldonado and Diego Gallego, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 30, 2003.

Attorney(s) appearing for the Case

George A. Vaka of Vaka, Larson & Johnson, P.L., Tampa and Mark H. Perenich of Perenich, Carroll, Perenich, Avril & Caulfield, P.A., Clearwater, co-counsel for Appellant.

Valeria Hendricks, Cody Fowler Davis, and Steve Parker of Davis & Harmon, P.A., Tampa, for Appellees, The Ryland Group d/b/a Ryland Homes and Ryland Homes of Florida Realty Corp.

Robert J. Grace, Jr., of Stiles, Taylor & Grace, P.A., Tampa, for Appellee, Sunfish Framing & Construction, Inc.

FULMER, Judge.

In this appeal, we are asked to determine whether the owner/developer of the Bayshore Townhomes project, The Ryland Group, Inc. (Ryland),1 is entitled to immunity from tort liability in an action filed by an injured employee of one of the subcontractors working on the project. We conclude that Ryland is not the injured worker's statutory employer under section 440.10(1)(b), Florida...

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