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TRACTOR SUPPLY CO. v. KENT

No. 5D06-4371.

966 So.2d 978 (2007)

TRACTOR SUPPLY COMPANY, Appellant, v. Francis Dale KENT, Appellee.

District Court of Appeal of Florida, Fifth District.

August 31, 2007.


Attorney(s) appearing for the Case

Deborah C. Drylie, of Carter & Drylie, P.A., Gainesville, for Appellant.

Bill J. McCabe, Longwood, and Chadwick J. Lawrence, Kissimmee, for Appellee.

John P. Daly, of Rissman, Barrett, Hurt, Donahue & McLain, P.A., for Amicus Curiae Florida Retail Federation.


PLEUS, J.

Tractor Supply Company (TSC), the defendant below, appeals from an interlocutory order granting partial summary judgment in favor of the plaintiff below, Francis Dale Kent (Kent). The trial court found, as a matter of law, that TSC was estopped from asserting worker's compensation immunity as an affirmative defense in Kent's tort action.

The issue in this case is whether an employer who raises a pre-existing medical condition defense to a worker...

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    STATE v. TREWARTHA | 165 Ohio App.3d 91 (2005) | app3d911244 | Leagle.com
     

    STATE v. TREWARTHA

    No. 04AP-963.

    165 Ohio App.3d 91 (2005)

    2005-Ohio-5697

    The STATE of Ohio, Appellee, v. TREWARTHA, Appellant.

    Court of Appeals of Ohio, Tenth District, Franklin County.

    Decided October 27, 2005.


    Attorney(s) appearing for the Case

    Ron O'Brien, Franklin County Prosecuting Attorney, and Richard Termuhlen II, Assistant Prosecuting Attorney, for appellee.

    W. Joseph Edwards, for appellant.


    BRYANT, Judge.

    {¶ 1} Defendant-appellant, Kevan M. Trewartha, appeals from a judgment of the Franklin County Court of Common Pleas finding him guilty, pursuant to a jury verdict, of aggravated murder committed during an aggravated robbery in violation of R.C. 2903.01, with the capital specification of prior calculation and design under R.C. 2929.04(A)(7). Because the evidence supports the jury's finding...

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