Reyes v. Zbin
Decision Date | 17 December 1968 |
Docket Number | No. 68--337,68--337 |
Citation | 217 So.2d 150 |
Parties | Jose REYES, Appellant, v. Dan ZBIN, Appellee. |
Court | Florida District Court of Appeals |
Jerry Larotonda, Miami, for appellant.
Welsh & Carroll, Miami, for appellee.
Before HENDRY and SWANN, JJ., and WHITE, JOSEPH S., Associate Judge (Ret.)
WHITE, JOSEPH S., Associate Judge (Retired).
Plaintiff in the lower court has appealed from a final judgment in defendant's favor entered upon the latter's motion for summary judgment.
Plaintiff was injured while using a machine which defendant had leased to plaintiff's employer. Defendant was sued as a 'third party' under the Workmen's Compensation Law and plaintiff's cause of action was stated thus:
'* * *
Defendant did not test the sufficiency of the complaint by motion, but, instead, filed an answer in which a release was plead. Defendant's motion for summary judgment was based upon the release, and it is the legal effect of the release which is the subject of this appeal.
Notwithstanding defendant's failure to test the sufficiency of the complaint in the...
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