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VILLALTA v. CORNN INTERN., INC.

No. 1D11-6848.

110 So.3d 952 (2013)

Rafael Uberto Lopez VILLALTA, as Personal Representative of the Estate of Walter Villalta, Appellant, v. CORNN INTERNATIONAL, INC., a Florida Corporation, L & W Drywall Services, Inc., a Florida Corporation, and Lesters Fuel Oil Services, a Florida Corporation, d/b/a Tropic Aire of North Florida, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 26, 2013.

Attorney(s) appearing for the Case

Ralph G. Patino , of Patino & Associates, Coral Gables, and Ralph O. Anderson , of Ralph O. Anderson, P.A., Ft. Lauderdale, for Appellant.

Hilda Klein and Diane H. Tutt , of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Scheffer, P.A., Hollywood, for Appellee Cornn International, Inc.

CLARK, J.

The appellant, the personal representative of the estate of Walter Villalta, challenges a summary final judgment entered in favor the appellee, Cornn International, in a civil action for damages upon the death of Mr. Villalta. In the summary judgment the trial court properly ruled that to avoid the statutory immunity from suit provided in the Workers' Compensation Law at section 440.11(1), Florida Statutes, the appellant was required to establish that Cornn...

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