SINGER PRODUCTS, INC., APPELLANT,
v.
TECNECOL, LTDA., APPELLEE
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PER 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. Co., 410 So. 2d 501 (Fla.1982); Hirtreiter v. Donovan, 594 So. 2d 342 (Fla. 2d DCA 1992).
Therefore, the order awarding fees, be and the same is hereby reversed with directions to the trial court to issue an order denying same.
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Goodwin v. BLU Murray Ins. Agency, Inc., 939 So. 2d 1098 (Fla. 5th DCA 2006)…he judgment as to count two. Second, though we conclude that section 448.08 attorney’s fees do not apply [*1103] to independent contractors, Skylink, Inc. v. Titus, 745 So. 2d 377, 377-78 (Fla. 4th DCA 1999); Singer Prods., Inc. v. Tecnecol, Ltda., 625 So. 2d 892 (Fla. 3d DCA 1993), whether an individual is an employee or an independent contractor is a question of fact for the jury. Font v. Stanley Steemer Int’l, Inc., 849 So. 2d 1214, 1216 n. 2 (Fla. 5th DCA 2003). Florida courts have adopted several criter…
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R.J. Katz & Co. v. B.T.I. Freight Sys., Inc., 632 So. 2d 244 (Fla. 3d DCA 1994)…when the deposit was, in fact, returned has no effect on the present dispute. We agree that the broker’s claim for attorney’s fees under section 448.08, Florida Statutes (1987) was properly stricken. Sing [*245] er Prods., Inc. v. Tecnecol, Ltda., 625 So. 2d 892 (Fla. 3d DCA 1993). Reversed in part, affirmed in part.…
Authorities Cited
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- ALL Am. Semi-Conductor, Inc. v. Ellison Graphics Corp., 594 So. 2d 342 (Fla. 4th DCA 1992)
- Miller v. Perez, 524 So. 2d 1084 (Fla. 4th DCA 1988)
- Caldwell-Davis Constr. Corp. v. Hoover, 461 So. 2d 973 (Fla. 3d DCA 1984)