Opinion
No. 3D03-2253.
October 5, 2005.
An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.
Freedland, Glassman, Farmer and Sheller, and Gary M. Farmer, Jr., for appellant.
Fowler White Boggs Banker and Charles W. Hall and Mark D. Tinker, St. Petersburg; Sylvia Walbolt, Tampa, Alfred J. Saikali and Carlton Fields; Christine D. Hanley and Sally Still, West Palm Beach, for appellees.
Before LEVY, RAMIREZ, and SUAREZ, JJ.
Darien Smith appeals a final judgment entered in favor of Smith's former employer, the employer's insurance carrier, and the carrier's servicing agents. We reverse and remand for further proceedings consistent with the recent Florida Supreme Court decision in Aguilera v. Inservices, Inc., 905 So.2d 84 (Fla. 2005) (holding that the worker's compensation system does not provide immunity for intentional tortious conduct that occurs during the claims process). Accordingly, we withdraw this Court's March 2, 2005 per curiam opinion and substitute this one in its stead.
Reversed and remanded.