Tuesday, November 07, 2000
Florida Dept. of Transportation v. Angelo Juliano


no. 99-153

Munroe County


Angelo Juliano brought a negligence action against the Florida Department of Corrections after being injured on the job. Although he was collecting workers' compensation benefits, he also filed a negligence suit. FDOT filed a motion for summary judgment raising a workers' compensation immunity defense, which was denied by the trial court and affirmed by the Third District on interlocutory appeal. Upon remand, DOT filed a second motion for summary judgment. The trial court denied the motion. On appeal to the Third District the court held that DOT could not raise or reraise any aspect of its workers' compensation defense on remand after the first appeal.