Vienneau v. Metropolitan Life Ins. Co.

548 So. 2d 856, 1989 WL 104108
CourtDistrict Court of Appeal of Florida
DecidedSeptember 13, 1989
Docket88-0327
StatusPublished
Cited by20 cases

This text of 548 So. 2d 856 (Vienneau v. Metropolitan Life Ins. Co.) 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.

Bluebook
Vienneau v. Metropolitan Life Ins. Co., 548 So. 2d 856, 1989 WL 104108 (Fla. Ct. App. 1989).

Opinion

548 So.2d 856 (1989)

Raoul VIENNEAU, Appellant,
v.
METROPOLITAN LIFE INSURANCE COMPANY, Appellee.

No. 88-0327.

District Court of Appeal of Florida, Fourth District.

September 13, 1989.

*857 Edward A. Perse of Horton, Perse & Ginsberg, Miami, and Ilovitch and Manella, P.A., Hollywood, for appellant.

Sanford L. Bohrer and Carol A. Licko of Thomson, Zeder, Bohrer, Werth and Razook, Miami, for appellee.

ESQUIROZ, MARGARITA, Associate Judge.

Raoul Vienneau alleged in his complaint against Metropolitan Life Insurance Company that he was employed for over eighteen years by Metropolitan Life Insurance Company of Canada, a subsidiary or affiliated company legally distinct and wholly independent from the defendant, Metropolitan Life Insurance Company (hereinafter referred to as "Metropolitan"). Vienneau alleged that Metropolitan solicited him to move from Canada and accept temporary employment at Metropolitan's South Florida office in Hollywood. Vienneau attached as an exhibit to his complaint a letter addressed to him from Metropolitan's Hollywood branch manager bearing the reference "Agreement for Temporary Employment" and stating "[t]his transfer will be temporary in nature for a thirty-six month period commencing from the time of your visa approval."[1] Finally, Vienneau *858 alleged that Metropolitan fired him without cause before the conclusion of the thirty-six month period. Vienneau brought this action for breach of employment contract against Metropolitan, claiming damages as a result of the breach.[2] The trial court granted Metropolitan's motion to dismiss Vienneau's second amended complaint with prejudice, and this appeal from the trial court's order follows.

Metropolitan argues that a reading of the complaint and employment letter justifies the conclusion, as a matter of law, that Metropolitan's employment relationship with Vienneau was terminable at will. Metropolitan claims that, from the face of the documents, (1) Vienneau was a permanent employee who was merely transferred within the company to South Florida, and (2) the contractual language is language of mere expectation rather than of definite duration. For the reasons that follow, we disagree and reverse the trial court's order of dismissal.

This court has defined with ample clarity the principles governing the trial court's decision at this early stage of the proceedings:

[T]he function of a motion to dismiss a complaint is to raise a question of law as to the sufficiency of the facts alleged to state a cause of action. The motion admits as true all well pleaded facts as well as all reasonable inferences arising from those facts. The allegations must be construed in the light most favorable to plaintiffs and the trial court must not speculate what the true facts may be or what will be proved ultimately in trial of the cause. Further, the trial court's gaze is limited to the four corners of the complaint. Finally, the motion must be decided on questions of law, only, and matters not shown on the face of the complaint can not properly be raised on a motion to dismiss.

Hitt v. North Broward Hospital District, 387 So.2d 482, 483 (Fla. 4th DCA 1980), quoting from Poulos v. Vordermeier, 327 So.2d 245, 246 (Fla. 4th DCA 1976).[3] In order to determine the existence of a cause of action, the trial court must examine the complaint's allegations, taken as true, in light of the applicable substantive law. *859 Kutner v. Kalish, 173 So.2d 763, 765 (Fla. 3d DCA), cert. denied, 183 So.2d 210 (Fla. 1965). See also City of Gainesville Code Enforcement Board v. Lewis, 536 So.2d 1148 (Fla. 1st DCA 1988); Thompson v. Martin, 530 So.2d 495 (Fla. 2d DCA 1988).

Florida has long adhered to the rule that an employment contract which does not provide for a definite term of employment is terminable at the will of either party without cause. Grappone v. City of Miami Beach, 495 So.2d 838 (Fla. 3d DCA 1986); Nunes v. Margate General Hospital, Inc., 435 So.2d 916 (Fla. 4th DCA 1983); Roy Jorgensen Associates, Inc. v. Deschenes, 409 So.2d 1188 (Fla. 4th DCA 1982). Under these circumstances, the employment is considered to be indefinite, and no action may be maintained for breach of the employment contract. DeMarco v. Publix Super Markets, Inc., 384 So.2d 1253 (Fla. 1980); Grappone v. City of Miami Beach, 495 So.2d at 839; Maguire v. American Family Life Assurance Company of Columbus, Georgia, 442 So.2d 321 (Fla. 3d DCA 1983), rev. denied, 451 So.2d 849 (Fla. 1984).

The construction of a written document, such as an employment contract, presents a question of law for the court, if its language is clear and unambiguous. Jaar v. University of Miami, 474 So.2d 239, 242 (Fla. 3d DCA 1985), rev. denied, 484 So.2d 10 (Fla. 1986); Innkeepers International, Inc. v. McCoy Motels, Ltd., 324 So.2d 676, 678-79 (Fla. 4th DCA 1975), cert. denied, 336 So.2d 106 (Fla. 1976); Russell & Axon v. Handshoe, 176 So.2d 909, 912 (Fla. 1st DCA 1965), cert. denied, 188 So.2d 317 (Fla. 1966). See also Zepfler v. Neandross, 497 So.2d 901, 903 (Fla. 4th DCA 1986); Reliance Insurance Co. v. Brickenkamp, 147 So.2d 200, 202 (Fla. 2d DCA 1962).[4] Various principles have emerged to aid the court in its interpretation. A cardinal rule is that where the language used in a contract is ambiguous or unclear, the court may consider extrinsic matters not to vary the terms of the contract, but to explain, clarify or elucidate the ambiguous language with reference to the subject matter of the contract, the circumstances surrounding its making, and the relation of the parties. Friedman v. Virginia Metal Products Corp., 56 So.2d 515, 517 (Fla. 1952). See also Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 302 So.2d 404, 407 (Fla. 1974).[5] For example, where the terms of a contract are uncertain or doubtful, the court may consider the interpretation placed on the contract by the parties, as long as such interpretation is not completely at variance with the principles of correct legal interpretation of the contract provisions. American Agronomics Corp. v. Ross, 309 So.2d 582 (Fla. 3d DCA), cert. denied, 321 So.2d 558 (Fla. 1975); Bouden v. Walker, 266 So.2d 353 (Fla. 2d DCA 1972). The court may also consider the conduct of the parties through their course of dealings to determine the meaning of the written agreement. Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 302 So.2d at 407; Maines v. Davis, 491 So.2d 1233, 1235 (Fla. 1st DCA 1986). Another elementary principle is that where the language of a contract is ambiguous or doubtful, it should be construed against the party *860 who drew the contract and chose the wording. Grappone v. City of Miami Beach, 495 So.2d at 839; Maines v. Davis, 491 So.2d at 1235; Muller v. Stromberg Carlson Corp., 427 So.2d 266, 269 (Fla. 2d DCA 1983); American Agronomics Corp, v. Ross, 309 So.2d at 584.[6] Generally speaking, unless it clearly appears as a matter of law that a contract cannot support the action alleged, a complaint should not be dismissed on motion to dismiss for failure to state a cause of action. Helms v. General Film Development Corp., 346 So.2d 1064 (Fla. 3d DCA 1977); Spindler v. Kushner, 284 So.2d 481 (Fla. 3d DCA 1973).

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548 So. 2d 856, 1989 WL 104108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vienneau-v-metropolitan-life-ins-co-fladistctapp-1989.