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C.W. ROBERTS CONTRACTING, INC. v. CUCHENS

No. 1D08-4616.

10 So.3d 667 (2009)

C.W. ROBERTS CONTRACTING, INC., Appellant, v. Lisa Lynne CUCHENS, Personal Representative of the Estate of James Alexander Cuchens, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 2, 2009.

Attorney(s) appearing for the Case

Richard A. Sherman, Law Offices of Richard A. Sherman, Fort Lauderdale, Steven M. Puritz, and Brandice D. Dickson, Pennington Moore Wilkinson Bell & Dunbar, P.A., Tallahassee, for Appellant.

David B. Pleat and Amy A. Perry, Pleat & Perry, P.A., Destin, for Appellee.

BARFIELD, J.

The defendant in a wrongful death suit appeals the denial of its motion for summary judgment which was based on a claim of immunity under section 440.10, Florida Statutes. We have jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(v). We find that there were no genuine issues of material fact precluding entry of summary judgment, and that under the undisputed facts material to the ruling, appellant...

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