Bender v. F.H.C.S., Inc.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 ETHEL BENDER, Appellant, v. F.H.C.S., INC., a Florida Corporation, dba CAREGIVERS OF AMERICA, Appellee. No. 4D10-3152 [October 27, 2010] PER CURIAM. Upon concession of error based upon this court s recent opinion in Bender v. CareGivers of America, Inc., 42 So. 3d 893 (Fla. 4th DCA 2010), we reverse the summary final judgment a n d remand for further proceedings. GROSS, C.J., WARNER and LEVINE, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard D. Eade, Judge; L.T. Case No. 08-17200 (05). Ben Murphey of Lawlor Winston, LLP, Fort Lauderdale, for appellant. Jacqueline Emanuel of Knoerr & Emanuel, P.A., Fort Lauderdale, for appellee. Not final until disposition of timely filed motion for rehearing.

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