ST. LUCIE HARVESTING v. CERVANTES

Nos. 92-0877, 92-1326.

639 So.2d 37 (1994)

ST. LUCIE HARVESTING AND CARETAKING CORPORATION n/k/a St. Lucie Caretaking Corporation, and Ten Mile Creek Groves, Inc., a Florida corporation, Appellants, v. Vicente CERVANTES, Appellee.

District Court of Appeal of Florida, Fourth District.

April 13, 1994.


Attorney(s) appearing for the Case

Debra J. Snow and Philip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for appellants.

Grover, Ciment, Weinstein, Stauber, Friedman & Ennis, P.A., Miami Beach, Kerry E. Mack, Englewood, and Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for appellee.


ON MOTION FOR REHEARING

KLEIN, Judge.

The opinion of this court filed February 23, 1994, is withdrawn and the following opinion, which is identical except for footnote 1, is substituted. Appellee's motion for rehearing is denied.

Plaintiff injured himself while using equipment owned by his employer. He sued the defendants, for whom his employer was performing services as an independent contractor, on the theory that the defendants exercised...

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