DARIEN SMITH, ETC., APPELLANT,
v.
HOME DEPOT USA, INC., ET AL., APPELLEES
DARIEN SMITH, ETC., APPELLANT,
HOME DEPOT USA, INC., ET AL., APPELLEES
912 So. 2d 344
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Darien Smith appeals a final judgment entered in favor of Smith’s former employer, the employer’s insurance carrier, and the carrier’s servicing agents. We reverse and remand for further proceedings consistent with the recent Florida Supreme Court decision in Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla.2005)(holding that the worker’s compensation system does not provide immunity for intentional tortious conduct that occurs during the claims process). Accordingly, we withdraw this Court’s March 2, 2005 per curiam opinion and substitute this one in its stead.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Blandin v. State, 916 So. 2d 969 (Fla. 2d DCA 2005)…ne, and we remand for a new trial on that count only. Blandin argues that attempted aggravated battery is a valid permissive lesser offense of attempted second-degree murder. The Third District recently addressed this issue. In Washington v. State, 912 So. 2d 344 (Fla. 3d DCA 2005), the defendant argued that attempted aggravated battery cannot be a lesser included offense of attempted second-degree murder. The defendant was charged with attempted second-degree murder with the use of a firearm. Because the de…
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Gonzalez v. State, 271 So. 3d 80 (Fla. 3d DCA 2019)…e, 974 So. 2d 359, 361 (Fla. 2008) (“The elements of simple battery are: (1) actually and intentionally touching or striking another person; and (2) against the will of the other person.”), citing § 784.03(1)(a)(1), Fla. Stat.; Washington v. State, 912 So. 2d 344, 346 (Fla. 3d DCA 2005) (“[A]ttempted aggravated battery is committed when a person commits an attempted battery and either intends to cause great bodily harm or uses a deadly weapon.”), citing § 784.045 Fla. Stat. and State v. Carswell, 914 So. 2d…
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Mendoza v. State, 50 So. 3d 784 (Fla. 3d DCA 2010)…s that the information did not plead the necessary elements of aggravated battery. Although we conclude that the argument raised on appeal was not preserved for appellate review, we also find no merit to the argument raised. See Washington v. State, 912 So. 2d 344, 346 (Fla. 3d DCA 2005) (holding that the allegation that the defendant discharged a firearm sufficiently alleged the use of a deadly weapon, and thus, the charging document contained the requisite elements of attempted aggravated battery); Bell v.…
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- Rodrigo Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla. 2005)