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SMITH v. HOME DEPOT USA, INC.

No. 3D03-2253.

912 So.2d 344 (2005)

Darien SMITH, etc., Appellant, v. HOME DEPOT USA, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

October 5, 2005.

Attorney(s) appearing for the Case

Freedland, Glassman, Farmer and Sheller, and Gary M. Farmer, Jr., for appellant.

Fowler White Boggs Banker and Charles W. Hall and Mark D. Tinker, St. Petersburg; Sylvia Walbolt, Tampa, Alfred J. Saikali and Carlton Fields; Christine D. Hanley and Sally Still, West Palm Beach, for appellees.

Before LEVY, RAMIREZ, and SUAREZ, JJ.

PER CURIAM.

Darien Smith appeals a final judgment entered in favor of Smith's former employer, the employer's insurance carrier, and the carrier's servicing agents. We reverse and remand for further proceedings consistent with the recent Florida Supreme Court decision in Aguilera v. Inservices, Inc., 905 So.2d 84 (Fla.2005)(holding that the worker's compensation system does not provide immunity for intentional tortious conduct...

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