CASTILLO V. FPL

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 HUGO CASTILLO and BERTA CASTILLO, ** ** Appellants, vs. ** CASE NO. 3D03-1809 ** FLORIDA POWER & LIGHT COMPANY and JENNY'S FLOWERS, Appellees. ** LOWER TRIBUNAL NO. 02-25343 ** Opinion filed October 6, 2004. An Appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge. David H. Pollack, for appellant. Josephs, Jack & Miranda, P.A. and Susan S. Lerner, for appellee. Before GERSTEN, GODERICH, and GREEN, JJ. PER CURIAM. Affirmed. See Mozee v. Champion Int l Corp., 554 So. 2d 596, 598 (Fla. 1st DCA 1989) (property owner not liable for the electrocution of subcontractor of independent contractor s employee where property owner informed subcontractor electrical wiring was still hot); Lemen v. Fla. Power & Light Co., 452 So. 2d 1107, 1108 (Fla. 5th DCA 1985) (property owner not liable for injuries to employee of independent contractor in absence of a showing of a positive act of negligence which proximately causes such injury). 2

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