Legal Opinion
Singer Products, Inc. v. Tecnecol, Ltda.
District Court of Appeal of Florida
Decided October 5, 1993No. 93-1143PublishedCited by 2 opinions
1Per curiam
It appears that recovery in the trial court was predicated upon appellant’s failure to pay appellee, an independent agent, a commission. An independent corporate agent cannot be deemed the employee of appellant. The award of attorney’s fees pursuant to Section 448.08, Fla.Stat. (1978) was error. Caldwell-Davis Const. Corp. v. Hoover, 461 So.2d 973 (Fla. 3d DCA 1984); Miller v. Perez, 524 So.2d 1084 (Fla. 4th DCA 1988). Also, there was no finding by the trial court which would support an award of attorney’s fees pursuant to Section 57.105, Fla.Stat. (1990). Whitten v. Progressive Casualty Ins.…
2Cases cited4 opinions
- Whitten v. Progressive Cas. Ins. Co.Supreme Court of Florida · 1982
- Hirtreiter v. DonovanDistrict Court of Appeal of Florida · 1992
- Miller v. PerezDistrict Court of Appeal of Florida · 1988
- Caldwell-Davis Construction Corp. v. HooverDistrict Court of Appeal of Florida · 1984
3Cited by2 opinions
- Goodwin v. Blu Murray Ins. Agency, Inc.District Court of Appeal of Florida · 2006
- R.J. Katz & Co. v. B.T.I. Freight Systems, Inc.District Court of Appeal of Florida · 1994