Singer Products, Inc. v. Tecnecol, Ltda.

District Court of Appeal of Florida

Singer Products, Inc. v. Tecnecol, Ltda.

625 So. 2d 892, 1993 Fla. App. LEXIS 9975, 1993 WL 390368

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 1993

DocketNo. 93-1143

StatusPublished

Cited by2 cases

This text of 625 So. 2d 892 (Singer Products, Inc. v. Tecnecol, Ltda.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Singer Products, Inc. v. Tecnecol, Ltda., 625 So. 2d 892, 1993 Fla. App. LEXIS 9975, 1993 WL 390368 (Fla. Ct. App. 1993).

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Opinion

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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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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625 So. 2d 892, 1993 Fla. App. LEXIS 9975, 1993 WL 390368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singer-products-inc-v-tecnecol-ltda-fladistctapp-1993.

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