International Ship Repair & Marine Services, Inc. v. Emig , 1993 Fla. App. LEXIS 333 ( 1993 )


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  • ON MOTION TO DISMISS

    PER CURIAM.

    The appellant filed a notice of appeal from a nonfinal order determining that it is not entitled to workers’ compensation immunity as a matter of law. The appellant contends that the trial court made its determination based on section 905(a) of the Longshoremen’s and Harbor Workers’ Compensation Act1 rather than section 440.11 of the Workers’ Compensation Law.2 The appellees argue that this appeal should be dismissed because Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi) is limited by Mandico v. Taos Construction, Inc., 605 So.2d 850 (Fla.1992), to include only those orders denying immunity under section 440.11. We disagree and interpret the rule to include the order under review.

    Motion denied.

    RYDER, A.C.J., and FRANK and ALTENBERND, JJ., concur.

    . 33 U.S.C.S. §§ 901-950 (Law Co-op. Supp. 1992).

    . §§ 440.01-.60, Fla.Stat. (1991).

Document Info

Docket Number: No. 92-04480

Citation Numbers: 611 So. 2d 1359, 1993 Fla. App. LEXIS 333, 1993 WL 10848

Judges: Altenbernd, Frank, Ryder

Filed Date: 1/20/1993

Precedential Status: Precedential

Modified Date: 10/18/2024