CHARLES HINES, APPELLANT,
v.
COLUMBIA LIVESTOCK MARKET OF LAKE CITY, INC., APPELLEE

Fla. 1st DCA | 1986-07-22
No. BI-468
SHIVERS, ZEHMER and BARFIELD, JJ., concur.
491 So. 2d 612 Florida District Court of Appeal, First District (1986) Negative Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the summary judgment for defendant, Columbia Livestock Market of Lake City, Inc. Under the evidence shown in the record, it is clear that the veterinarian, Dr. Bryan Smith, was an independent contractor and not the agent or employee of defendant. Wendland v. Akers, 356 So. 2d 368 (Fla. 4th DCA 1978). Neither party has argued whether defendant was under a nondelegable duty to administer the brucellosis tests with reasonable care, which might make the livestock market responsible for the alleged negligence of Dr. Smith, so we find it unnecessary to consider such issue.

AFFIRMED.

SHIVERS, ZEHMER and BARFIELD, JJ., concur.

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  • Kraft v. Zelda Pincourt Mason, 668 So. 2d 679 (Fla. 4th DCA 1996)
    …en had there been an ambiguity in the contract the record unequivocally confirms that the agreement was drafted by one of the borrowers and so should be construed against them and in favor of the lender. See Home Savings of America, F.A. v. Roehner, 491 So. 2d 612 (Fla. 4th DCA 1986); Finlayson v. Broward County, 471 So. 2d 67 (Fla. 4th DCA 1985). On this point, then, the case must be remanded to the trial court for calculations of an award to Mason consistent with this opinion. [*686] CONCLUSION Because th…
  • Hines v. Columbia Livestock Mkt. OF Lake City, Inc., 516 So. 2d 1040 (Fla. 1st DCA 1987)
    …this finding is based upon depositions taken before the ... Department of Agriculture ... was joined as a party defendant_” On appeal to this court the summary judgment for Columbia Livestock Market was affirmed (Hines v. Columbia Livestock Market, 491 So. 2d 612 (Fla. 1st DCA 1986)). . “We distinguish these types of discretionary ... decisions from negligent conduct resulting in ... personal injury ... from the negligent handling of equipment_ Governmental entities are clearly liable for this type of condu…

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