CALDWELL-DAVIS CONSTRUCTION CORP., APPELLANT,
v.
JOHN W. HOOVER, JR. AND JAMES A. SAWYER, APPELLEES
CALDWELL-DAVIS CONSTRUCTION CORP., APPELLANT,
JOHN W. HOOVER, JR. AND JAMES A. SAWYER, APPELLEES
461 So. 2d 973
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
A corporate independent contractor which prevails in an action to recover bonuses promised for early completion of a construction project is not entitled to attorney’s fees pursuant to section 448.08, Florida Statutes (1983), which authorizes such fees where an “employee” prevails in an action to recover “unpaid wages.” See Fitch v. Pacific Fidelity Life Insurance Company, 54 Cal.App.3d 140, 126 Cal.Rptr. 445 (1975) (wages as used in a statute refers to compensation for labor performed by an employee rather than by an independent contractor).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miller v. Perez, 524 So. 2d 1084 (Fla. 4th DCA 1988)…e on Gulfstar Yacht Sales, Inc. v. Bissell, 487 So. 2d 31 (Fla. 4th DCA 1986). In Bissell, the employee was paid a salary plus commission. Here Perez performed his services as an independent contractor. See Caldwell-Davis Construction Co. v. Hoover, 461 So. 2d 973 (Fla. 3d DCA 1984). AFFIRMED. GUNTHER, J., concurs. WALDEN, J., concurs in part and dissents in part with opinion.…
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Singer Prods., Inc. v. Tecnecol, 625 So. 2d 892 (Fla. 3d DCA 1993)…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…