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Filing # 175005700 E-Filed 06/09/2023 02:00:54 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
AARON BRUNER,
Plaintiff, CASE NO. 2021-CA-016576
VS.
BONNIE JUDSON
Defendant.
i
AMENDED NOTICE OF APPEAL
NOTICE IS HEREBY GIVEN that Aaron Bruner appeals to the Fourth
District Court of Appeals the attached Order of this Court rendered on March 17,2023, the nature
of the said Order is GRANTING of Defendant's Motion for Summary Judgment. This notice of
appeal is timely based on the Court' s May 10, 2023, denial o f Plaintiffs Motion for the Court to
reconsider its order of March 17, 2023.
Respectfully Submitted,
GOLDMAN & DASZKAL, P.A.
Attorneys for Plaintiff
1630 West Hillsboro Boulevard
Deerfield Beach, FL 33442
P. (954) 428-9333/ F, (954) 428-9338
By: Vincent Duffv. Esq.
Vincent Duffy
FBN 82151
CERTIFICATE-OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E-Filing
Portal to counsel of record to Cole, Scott & Kissane, P.A. 222 Lakeview Avenue, Suite 120 West
Palm Beach, Florida 33401, attention Brian Pita, Esq, via
th
and on this 9ttl day of June, 2023.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/09/2023 02:00:53 PM.****
Instr# 118742848 , Page 1 of 3, Recorded 03/20/2023 at 02:58 PM
Broward County Commission
Filing # 169017110 E-Filed 03/17/2023 07:14:34 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. CACE21016576 DIVISION: 2 JUDGE: Olefson. Shari Africk (25)
Aaron Bruner
Plaintiff(s)/ Petitioner(s)
V.
Bonnie Judson
Defendant(s) / Respondent(s)
FIAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court at hearing on March 13, 2023, on Defendant's
and the Court having heard argument of counsel, and being
Motion for Final Summary Judgment,
otherwise duly advised in the premises, it is:
The Court found that the Plaintiff was acting in his capacity of an independent contractor. Upon
for
hearing the arguments of the parties and reviewing the record in support of the Defendant's Motion
Summary Judgement, the Court made determination of the following material facts:
The Plaintiff is an independent contractor. The Defendant retained Plaintiff to perform pressure
cleaning services for her roof. Prior to starting work on Defendant's property, Plaintiff and Defendant
confirmed the scope ofwork, and agreed on a price. No other agreements were entered into between the
work began, wherein the Defendant agreed to take additional measures to ensure that
parties before
third parties would not move the Plaintiff'sladder while he was on the roof ofthe home. Plaintiffused
his own ladder to perform pressure cleaning work on the Defendant's property. Defendant did not direct
the Plaintiff on how to set up the ladder or prohibit him from setting up the ladder in any particular part
ofher property in order to access the roof. Defendant did not direct the Plaintiff where to put the ladder.
Plaintiff positioned the ladder himself. Defendant did not instruct the Plaintiff on how to pressure clean
the roof, what equipment to use, or what chemicals to use. Plaintiff testifiedthat there was no oil, grease
Page 1 of 3
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/17/2023 07:14:34 PM.****
Instr# 118742848 , Page 2 of 3
Case Number: CACE21016576 9
or any other substance or debris on the Defendant's property. The Plaintiff's theory that a third party
moved his ladder is speculation. The Plaintiff cannot identify any individual who purportedly moved his
ladder prior to his fall, and did not otherwise physically witness any individual enter the Defendant's
premises and move his ladder.
On April 29, 2021, the Florida Supreme Court issued an opinion In Re: Amendments to Florida
Rule of Civil Procedure 1.510, SC20-1490 (Fla. 2021), effective May 1, 2021. In adopting the Federal
summary judgment standard, the Florida Supreme Court advised that Florida will adhere to the
summary judgment standards set forth in Celotex Corp.
v.
Catret4 477 U.S, 317 (1986).
The Court finds that there is no evidence upon which "a reasonable jury could return a verdict
absence of evidence
for a nonmoving party." In this case, the Defendant demonstrated "that there is an
to support the nonmoving party's case". Cetotex, 477 U.S. at 325. In Florida, "as a general rule, one
who hires an independent contractor is not liable for injuries sustained by that contractor'semployee in
performing their work."Morales v. Weit, 44 So. 3d 173, 176,2010 Fla. App. LEXIS 12717, *4, 35 Fla.
Boca Raton Cmo'. Hosp,, Inc,, 985 So. 2d 593,595 (Fla. 4th DCA
L. Weekly D 1958 (citing Johnson v.
2008) (see also: Cecile. Resort, Ltd. v. Hokanson, 729 So. 2d 446, 447 (Fla. 5th DCA 1999) (holding
that resort owner was not liable on general negligence or premises liability claims for injuries sustained
The Court in Morales noted the
by an independent contractor who had been hired to paint a flag pole)).
exception to this rule if the owner has been "actively participating...to the extent that he directly
influences the manner in which the work is performed". (citing Johnson, 985 So. 2d at 595-96 (quoting
Conklin v. Cohen, 287 So. 2d 56, 60 (Fla. 1973)).
Here, the Defendant did not direct or influence the Plaintiffs work. Plaintiff used his own
judgment on how to use his own equipment, where to place his own ladder and how to perform the
work on Defendant's premises. Moreover, the records are silent as to any dangerous conditions present
at the premises. Finally, Plaintiffs theory that unknown third parties entered the Defendant's premises
and moved his ladder while he was working on the roof is not a conclusion a
jury would be able to
reach without engaging in an impermissible stacking o f inferences.
Page 2 of 3
Instr# 118742848 , Page 3 of 3, End of Document
Case Number: CACE21016576
ORDERED AND ADJUDGED as follows:
1. Defendant's Motion for Final Summary Judgment is GRANTED.
2. Final Judgment is hereby entered in favor of Defendant, BONNIE JUDSON.
Plaintiff shall take nothing by this action and Defendant shall go hence without day. The Court reserves
jurisdiction to consider any motions for attorneys' fees and costs.
DONE AND ORDERED in Chambers at Broward County, Florida on 17th daxofMarch, 2023.
cG*Jrl o i
BMAAAC
Gs:
CACE21016576 03-17-2023 12:03 PM
Hon. Shari Africk Olefson
CIRCUIT COURT JUDGE
Electronically Signed by Shari Africk Olefson
Copies Furnished To:
Brian Pita, E-mail :
Brian Pita, E-mail :
Cassandra Pierre, E-mail:
Cassandra Pierre, E-mail :
Inna Kreslavskaya E-mail :
,
Joanna Noland, E-mail :
Joanna Noland, E-mail:
Rodney G Romano, E-mail:
Vincent Duffy, E-mail:
Vincent Duffy, E-mail:
Vincent Duffy, E-mail:
Page 3 of 3
Filing # 172896805 E-Filed 05/10/2023 07:02:01 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. CACE21016576 DIVISION: 25 JUDGE: Olefson, Shari Africk (25)
Aaron Bruner
Plaintiff(s) / Petitioner(s)
V.
Bonnie Judson
Defendant(s) / Respondent(s)
ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION, FILED MARCH 28,2023
THIS CAUSE, having come before this Court in Chambers, on Plaintiffs Motion for Reconsideration,
filed March 28,2023, and this Court having reviewed the file, heard argument, and considered the
applicable law, hereby FINDS, ORDERS, and ADJUDGES as follows:
1. The Plaintiffs Motion for Reconsideration,filed March 28,2023, is hereby DENIED as no legal
basis is found.
DONE AND ORDERED in Chambers at Broward County, Florida onl0th day of May. 2023.
5:08 PM
Hon. Shari Africk Olefson
CIRCUIT COURT JUDGE
ElectronicallySigned by Shari Afriok Olefson
Copies Furnished To:
Brian Pita, E-mail :
Brian Pita , E-mail :
Cassandra Pierre, IE-mail :
Cassandra Pierre, E-mail :
Inna Kreslavskaya, E-mail :
Inna Kreslavskaya, E-mail :
Joanna Noland, E-mail :
Joanna Noland, E-mail :
Rodney G Romano, E-mail :
Vincent Duffy, E-mail:
Page 1 of 2
Case Number: CACE21016576
Vincent Duffy, E-mail:
Vincent Duffy, E-mail :
Page 2 of 2
Preview
Filing # 175005700 E-Filed 06/09/2023 02:00:54 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA AARON BRUNER, Plaintiff, CASE NO. 2021-CA-016576 VS. BONNIE JUDSON Defendant. i AMENDED NOTICE OF APPEAL NOTICE IS HEREBY GIVEN that Aaron Bruner appeals to the Fourth District Court of Appeals the attached Order of this Court rendered on March 17,2023, the nature of the said Order is GRANTING of Defendant's Motion for Summary Judgment. This notice of appeal is timely based on the Court' s May 10, 2023, denial o f Plaintiffs Motion for the Court to reconsider its order of March 17, 2023. Respectfully Submitted, GOLDMAN & DASZKAL, P.A. Attorneys for Plaintiff 1630 West Hillsboro Boulevard Deerfield Beach, FL 33442 P. (954) 428-9333/ F, (954) 428-9338 By: Vincent Duffv. Esq. Vincent Duffy FBN 82151 CERTIFICATE-OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E-Filing Portal to counsel of record to Cole, Scott & Kissane, P.A. 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401, attention Brian Pita, Esq, via th and on this 9ttl day of June, 2023. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/09/2023 02:00:53 PM.**** Instr# 118742848 , Page 1 of 3, Recorded 03/20/2023 at 02:58 PM Broward County Commission Filing # 169017110 E-Filed 03/17/2023 07:14:34 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE21016576 DIVISION: 2 JUDGE: Olefson. Shari Africk (25) Aaron Bruner Plaintiff(s)/ Petitioner(s) V. Bonnie Judson Defendant(s) / Respondent(s) FIAL SUMMARY JUDGMENT THIS CAUSE having come before the Court at hearing on March 13, 2023, on Defendant's and the Court having heard argument of counsel, and being Motion for Final Summary Judgment, otherwise duly advised in the premises, it is: The Court found that the Plaintiff was acting in his capacity of an independent contractor. Upon for hearing the arguments of the parties and reviewing the record in support of the Defendant's Motion Summary Judgement, the Court made determination of the following material facts: The Plaintiff is an independent contractor. The Defendant retained Plaintiff to perform pressure cleaning services for her roof. Prior to starting work on Defendant's property, Plaintiff and Defendant confirmed the scope ofwork, and agreed on a price. No other agreements were entered into between the work began, wherein the Defendant agreed to take additional measures to ensure that parties before third parties would not move the Plaintiff'sladder while he was on the roof ofthe home. Plaintiffused his own ladder to perform pressure cleaning work on the Defendant's property. Defendant did not direct the Plaintiff on how to set up the ladder or prohibit him from setting up the ladder in any particular part ofher property in order to access the roof. Defendant did not direct the Plaintiff where to put the ladder. Plaintiff positioned the ladder himself. Defendant did not instruct the Plaintiff on how to pressure clean the roof, what equipment to use, or what chemicals to use. Plaintiff testifiedthat there was no oil, grease Page 1 of 3 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/17/2023 07:14:34 PM.**** Instr# 118742848 , Page 2 of 3 Case Number: CACE21016576 9 or any other substance or debris on the Defendant's property. The Plaintiff's theory that a third party moved his ladder is speculation. The Plaintiff cannot identify any individual who purportedly moved his ladder prior to his fall, and did not otherwise physically witness any individual enter the Defendant's premises and move his ladder. On April 29, 2021, the Florida Supreme Court issued an opinion In Re: Amendments to Florida Rule of Civil Procedure 1.510, SC20-1490 (Fla. 2021), effective May 1, 2021. In adopting the Federal summary judgment standard, the Florida Supreme Court advised that Florida will adhere to the summary judgment standards set forth in Celotex Corp. v. Catret4 477 U.S, 317 (1986). The Court finds that there is no evidence upon which "a reasonable jury could return a verdict absence of evidence for a nonmoving party." In this case, the Defendant demonstrated "that there is an to support the nonmoving party's case". Cetotex, 477 U.S. at 325. In Florida, "as a general rule, one who hires an independent contractor is not liable for injuries sustained by that contractor'semployee in performing their work."Morales v. Weit, 44 So. 3d 173, 176,2010 Fla. App. LEXIS 12717, *4, 35 Fla. Boca Raton Cmo'. Hosp,, Inc,, 985 So. 2d 593,595 (Fla. 4th DCA L. Weekly D 1958 (citing Johnson v. 2008) (see also: Cecile. Resort, Ltd. v. Hokanson, 729 So. 2d 446, 447 (Fla. 5th DCA 1999) (holding that resort owner was not liable on general negligence or premises liability claims for injuries sustained The Court in Morales noted the by an independent contractor who had been hired to paint a flag pole)). exception to this rule if the owner has been "actively participating...to the extent that he directly influences the manner in which the work is performed". (citing Johnson, 985 So. 2d at 595-96 (quoting Conklin v. Cohen, 287 So. 2d 56, 60 (Fla. 1973)). Here, the Defendant did not direct or influence the Plaintiffs work. Plaintiff used his own judgment on how to use his own equipment, where to place his own ladder and how to perform the work on Defendant's premises. Moreover, the records are silent as to any dangerous conditions present at the premises. Finally, Plaintiffs theory that unknown third parties entered the Defendant's premises and moved his ladder while he was working on the roof is not a conclusion a jury would be able to reach without engaging in an impermissible stacking o f inferences. Page 2 of 3 Instr# 118742848 , Page 3 of 3, End of Document Case Number: CACE21016576 ORDERED AND ADJUDGED as follows: 1. Defendant's Motion for Final Summary Judgment is GRANTED. 2. Final Judgment is hereby entered in favor of Defendant, BONNIE JUDSON. Plaintiff shall take nothing by this action and Defendant shall go hence without day. The Court reserves jurisdiction to consider any motions for attorneys' fees and costs. DONE AND ORDERED in Chambers at Broward County, Florida on 17th daxofMarch, 2023. cG*Jrl o i BMAAAC Gs: CACE21016576 03-17-2023 12:03 PM Hon. Shari Africk Olefson CIRCUIT COURT JUDGE Electronically Signed by Shari Africk Olefson Copies Furnished To: Brian Pita, E-mail : Brian Pita, E-mail : Cassandra Pierre, E-mail: Cassandra Pierre, E-mail : Inna Kreslavskaya E-mail : , Joanna Noland, E-mail : Joanna Noland, E-mail: Rodney G Romano, E-mail: Vincent Duffy, E-mail: Vincent Duffy, E-mail: Vincent Duffy, E-mail: Page 3 of 3 Filing # 172896805 E-Filed 05/10/2023 07:02:01 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE21016576 DIVISION: 25 JUDGE: Olefson, Shari Africk (25) Aaron Bruner Plaintiff(s) / Petitioner(s) V. Bonnie Judson Defendant(s) / Respondent(s) ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION, FILED MARCH 28,2023 THIS CAUSE, having come before this Court in Chambers, on Plaintiffs Motion for Reconsideration, filed March 28,2023, and this Court having reviewed the file, heard argument, and considered the applicable law, hereby FINDS, ORDERS, and ADJUDGES as follows: 1. The Plaintiffs Motion for Reconsideration,filed March 28,2023, is hereby DENIED as no legal basis is found. DONE AND ORDERED in Chambers at Broward County, Florida onl0th day of May. 2023. 5:08 PM Hon. Shari Africk Olefson CIRCUIT COURT JUDGE ElectronicallySigned by Shari Afriok Olefson Copies Furnished To: Brian Pita, E-mail : Brian Pita , E-mail : Cassandra Pierre, IE-mail : Cassandra Pierre, E-mail : Inna Kreslavskaya, E-mail : Inna Kreslavskaya, E-mail : Joanna Noland, E-mail : Joanna Noland, E-mail : Rodney G Romano, E-mail : Vincent Duffy, E-mail: Page 1 of 2 Case Number: CACE21016576 Vincent Duffy, E-mail: Vincent Duffy, E-mail : Page 2 of 2