HAROLD M. RUSSELL, D/B/A O'KISSIMMEE FISH CAMP, APPELLANT,

v.

STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, HEALTH PROGRAM OFFICE, EX REL. E. CHARLTON PRATHER, M. D., ETC., APPELLEES

Citator

Cited By

• Nazario Alvarez v. DeAGUIRRE, 395 So. 2d 213 (Fla. 3d DCA 1981)
  …n discovered, the general rule which relieves contractors of liability for a third party’s injuries resulting from discoverable defects would govern. Slavin v. Kay, supra; Simmons v. Owens, 363 So. 2d 142 (Fla. 1st DCA 1978); El Shorafa v. Ruprecht, 345 So. 2d 763 (Fla. 4th DCA 1977). This general rule is premised upon the contractor returning control to the owner thereby giving the owner the opportunity and duty to remedy a discoverable defect. Upon acceptance of the work, the contractor is put out of posses…
• Fla. Freight Terminals, Inc. v. Cabanas, 354 So. 2d 1222 (Fla. 3d DCA 1978)
  …f the above opinion, it is unnecessary to reach the question of whether the verdicts rendered were excessive. Affirmed in part, reversed in part, and remanded for a new trial. . Slavin v. Kay, 108 So. 2d 462 (Fla.1959). . Cf. Shorafa v. Ruprecht, 345 So. 2d 763 (Fla.4th DCA 1977), in which our sister court evinced reluctant adherence to the rule, noting that it is not the function of a District Court of Appeal to override the Supreme Court of Florida. . We note, parenthetically, that even if some charge o…
• Easterday v. Masiello, 518 So. 2d 260 (Fla. 1988)
  …1066 (Fla. 3d DCA 1985); Neumann v. Davis Water & Waste, Inc., 433 So. 2d 559 (Fla. 2d DCA), petition for review denied, 441 So. 2d 632 (Fla.1983); Conley v. Coral Ridge Properties, Inc., 396 So. 2d 1220 (Fla. 4th DCA 1981); El Shorafa v. Ruprecht, 345 So. 2d 763 (Fla. 4th DCA 1977). Thus, the issue is whether we will recede from Slavin. Petitioner correctly points out that tort law has significantly changed since the decision in Slavin. Comparative negligence has taken the place of contributory negligence.…