JIMENEZ v. COMMUNITY ASPHALT CORP.

No. 4D06-3262.

968 So.2d 668 (2007)

Orlando JIMENEZ and Magaly Jimenez, his wife, Appellants, v. COMMUNITY ASPHALT CORP., Condotte America, Inc. and Rinker Materials of Florida, Inc., f/k/a CSR America, Inc. and Rinker Materials Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 14, 2007.


Attorney(s) appearing for the Case

Philip D. Parrish of Philip D. Parrish, P.A., Miami, and Henry A. Seiden of The Seiden Law Firm, West Palm Beach, for appellants.

Jodi G. Barrett and Peter A. Cooke of Adams, Coogler, Watson, Merkel, Barry & Kellner, P.A., West Palm Beach, for appellee Rinker.


GUNTHER, J.

Orlando Jimenez and Magaly Jimenez appeal an order dismissing with prejudice Counts V, VI, VII, and VIII of their Third Amended Complaint. We reverse the dismissals and remand to the trial court to abate Counts V, VI, VII, and VIII.

In Counts V (Orlando) and VI (Magaly), the duty to cooperate counts, the appellants claim that Orlando's employer, Rinker Materials of Florida ("Rinker"), breached its statutory duty to cooperate because Rinker failed...

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