Holmes County School Bd. v. Duffell, No. 93-917

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; ZEHMER
Citation630 So.2d 639
Decision Date06 January 1994
Docket NumberNo. 93-917
Parties88 Ed. Law Rep. 1283, 19 Fla. L. Weekly D83 HOLMES COUNTY SCHOOL BOARD, Appellant, v. Terry DUFFELL and Linda Duffell, Appellees.

Page 639

630 So.2d 639
88 Ed. Law Rep. 1283, 19 Fla. L. Weekly D83
HOLMES COUNTY SCHOOL BOARD, Appellant,
v.
Terry DUFFELL and Linda Duffell, Appellees.
No. 93-917.
District Court of Appeal of Florida,
First District.
Jan. 6, 1994.
Rehearing Denied Feb. 8, 1994.

Michael W. Kehoe of Fuller, Johnson & Farrell, P.A., Tallahassee, for appellant.

Barry Gulker of Caminez, Walker & Brown, Tallahassee, for appellees.

Page 640

PER CURIAM.

The Holmes County School Board (Board) appeals from a non-final order of the trial court denying its motion for summary judgment. We have jurisdiction, Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi), and affirm.

Appellee Terry Duffell was employed by the Board as a custodian. Duffell was injured at work when a school bus driver, Robert Lewis, negligently allowed his school bus to roll forward, pinning Duffell against another vehicle. Duffell filed a civil suit against the Board, which sought summary judgment claiming immunity under Chapter 440, Florida Statutes (1991) (the Workers' Compensation Act). The trial court denied the motion, and the Board's appeal of that ruling was dismissed as untimely filed.

Duffell thereafter entered into a settlement of his workers' compensation claim against the Board, pursuant to section 440.20(12)(a), Florida Statutes (1991). The settlement was approved by the Judge of Compensation Claims, and released the Board from all further liability for workers' compensation benefits except future medical expenses. The Board again moved for summary judgment in the civil suit, citing Duffell's acceptance of workers' compensation benefits and the settlement of his claim. The trial court again denied the motion, holding that "[b]ecause this is essentially a third-party action predicated upon the negligence of Robert Lewis, an employee of [the Board,] the acceptance of workers' compensation benefits does not affect [Duffell's] right to bring this action."

The Board argues that the trial court order appealed herein improperly allows Duffell to repudiate his previous position that he was injured in the course and scope of his employment, in order to obtain further remuneration from the Board in a civil action. See Matthews v. G.S.P. Corp., 354 So.2d 1243 (Fla. 1st DCA 1978); Mandico v. Taos Construction Inc., 605 So.2d 850 (Fla.1992) (a claimant who claims and receives workers' compensation benefits will be found to have elected such compensation as an exclusive remedy where there is...

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7 practice notes
  • Hastings v. Demming, No. 96-00368
    • United States
    • Court of Appeal of Florida (US)
    • July 31, 1996
    ...facts, it will affirm, thereby allowing the case to proceed to trial on the remaining issues. See Holmes County Sch. Bd. v. Duffell, 630 So.2d 639 (Fla. 1st DCA 1994) (trial court's order denying motion for summary judgment affirmed because plaintiff's acceptance of workers' compensation be......
  • Ross v. Baker, No. 92-03790
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1994
    ...as a matter of law." In Mandico, the order reviewed was an order denying summary judgment. See also Holmes County Sch. Bd. v. Duffell, 630 So.2d 639 (Fla. 1st DCA 1994); Winn Dixie Stores v. Parks, 620 So.2d 798 (Fla. 4th DCA 1993); International Ship Repair & Marine Servs. v. Emig, 611 So.......
  • Lopez v. Vilches, No. 97-04465.
    • United States
    • Court of Appeal of Florida (US)
    • April 16, 1999
    ...a custodian and school bus driver, both School Board employees, were engaged in unrelated works. See Holmes County School Bd. v. Duffell, 630 So.2d 639 (Fla. 1st DCA 1994), affirmed, 651 So.2d 1176 (Fla.1995). But, as noted by the supreme court, the application of the unrelated works except......
  • Evans v. Metropolitan Dade County, Dept. of Public Works, No. 94-773
    • United States
    • Court of Appeal of Florida (US)
    • December 28, 1994
    ...appellee. Before BARKDULL, COPE and GODERICH, JJ. PER CURIAM. We reverse based on the authority of Holmes County School Board v. Duffell, 630 So.2d 639 (Fla. 1st DCA), review granted, 639 So.2d 978 (Fla.1994), and State, Department of Corrections v. Koch, 582 So.2d 5 (Fla. 1st DCA), review ......
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7 cases
  • Hastings v. Demming, No. 96-00368
    • United States
    • Court of Appeal of Florida (US)
    • July 31, 1996
    ...facts, it will affirm, thereby allowing the case to proceed to trial on the remaining issues. See Holmes County Sch. Bd. v. Duffell, 630 So.2d 639 (Fla. 1st DCA 1994) (trial court's order denying motion for summary judgment affirmed because plaintiff's acceptance of workers' compensation be......
  • Ross v. Baker, No. 92-03790
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1994
    ...a matter of law." In Mandico, the order reviewed was an order denying summary judgment. See also Holmes County Sch. Bd. v. Duffell, 630 So.2d 639 (Fla. 1st DCA 1994); Winn Dixie Stores v. Parks, 620 So.2d 798 (Fla. 4th DCA 1993); International Ship Repair & Marine Servs. v. Emig, 6......
  • Lopez v. Vilches, No. 97-04465.
    • United States
    • Court of Appeal of Florida (US)
    • April 16, 1999
    ...a custodian and school bus driver, both School Board employees, were engaged in unrelated works. See Holmes County School Bd. v. Duffell, 630 So.2d 639 (Fla. 1st DCA 1994), affirmed, 651 So.2d 1176 (Fla.1995). But, as noted by the supreme court, the application of the unrelated works except......
  • Evans v. Metropolitan Dade County, Dept. of Public Works, No. 94-773
    • United States
    • Court of Appeal of Florida (US)
    • December 28, 1994
    ...appellee. Before BARKDULL, COPE and GODERICH, JJ. PER CURIAM. We reverse based on the authority of Holmes County School Board v. Duffell, 630 So.2d 639 (Fla. 1st DCA), review granted, 639 So.2d 978 (Fla.1994), and State, Department of Corrections v. Koch, 582 So.2d 5 (Fla. 1st DCA), review ......
  • Request a trial to view additional results

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