LUIS MANUEL VERA-NUNEZ, RAUL-FAUSTINO VERA-NUNEZ, MANUEL RAVELO MARCHANTE, APPELLANTS,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Austin's Rack, Inc. v. Austin, 396 So. 2d 1161 (Fla. 3d DCA 1981)
  …n’s Rack, Inc. Parties to an employment agreement are free to contract with one another that the employee may be terminated for the commission of a specific act; see Haiman v. Gundersheimer, 130 Fla. 109, 177 So. 199 (1937); Placet, Inc. v. Ashton, 368 So. 2d 404 (Fla.3d DCA 1979),1 and courts are not [*1163] authorized to substitute their judgment for that of the parties and rewrite the agreement. Home Development Co. of St. Petersburg, Inc. v. Bursani, 178 So. 2d 113 (Fla. 1965); International Expositions,…
• The Bank OF Miami v. Armenteros, 382 So. 2d 1336 (Fla. 3d DCA 1980)
  …reverse side of the note appears in the addition of the word “President” after the signature above the typed language “Jose Armenteros”. Parol evidence is admissible to explain an ambiguity appearing on the face of the note. Placet, Inc. v. Ashton, 368 So. 2d 404 (Fla. 3d DCA 1979); Havatampa Corp. v. Walton Drug Co., Inc., 354 So. 2d 1235 (Fla. 2d DCA 1978); Giacalone v. Bernstein, 348 So. 2d 679 (Fla. 3d DCA 1977); Dynamic Homes, Inc. v. Rogers, 331 So. 2d 326 (Fla. 4th DCA 1976); Speer v. Friedland, 276 S…
• Lester v. Kahn-McKNIGHT Co., Inc., 521 So. 2d 312 (Fla. 3d DCA 1988)
  …the draw is considered as a plain and simple [*313] salary which, except as a set-off against earnings, the employee has no obligation to return. Tannen v. Equitable Life Ins. Co., 303 So. 2d 352 (Fla. 3d DCA 1974); see also Placet, Inc. v. Ashton, 368 So. 2d 404, 409-10 (Fla. 3d DCA 1979) (promise to pay draw against commissions in future requires payment of amount of draw even if commission is unearned), cert. denied, 378 So. 2d 343, 347 (Fla.1979). It follows that Lester’s post-employment written promise…

Authorities Cited

• Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977)
• Russell v. State, 266 So. 2d 92 (Fla. 3d DCA 1972)
• State v. Forbes, 353 So. 2d 638 (Fla. 3d DCA 1977)
• Whisnant v. State, 315 So. 2d 495 (Fla. 4th DCA 1975)