Legal Opinion · Dissent

Sanchez v. Marseilles Hotel

District Court of Appeal of Florida

Decided September 11, 2001No. 1D00-2603Published

1DissentErvin, J.

I cannot agree that the order of the judge of compensation claims (JCC) should be affirmed on the ground that the Marseilles Hotel was not the statutory employer of the claimant, Valentin Sanchez. In my opinion, the JCC too narrowly confined her review of the issue by essentially deciding that the Marseilles had no implied contractual obligation to provide food to its guests because there was no agreement by the Marseilles to provide the guests free meals. In so deciding, the JCC failed to take into consideration other evidence of the parties’ conduct from which the existence of an implied…

2Cases cited8 opinions

  1. Coleman v. Florida Ins. Guar. Ass'n, Inc.Supreme Court of Florida · 1988
  2. Bromer v. Florida Power Light Co.Supreme Court of Florida · 1949
  3. Miami Herald Publishing v. HatchDistrict Court of Appeal of Florida · 1993
  4. Rabon v. Inn of Lake City, Inc.District Court of Appeal of Florida · 1997
  5. Antinarelli v. Ocean Suite HotelDistrict Court of Appeal of Florida · 1994

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