SENTINEL ENTERPRISES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOHN STANKIEWICZ, APPELLEE
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Sentinel Enterprises appealed a jury verdict awarding Glen Godwin relocation and transportation costs under an employment agreement, arguing fraud in the contract's execution should bar recovery. The court affirmed the relocation costs award but reversed on attorney's fees, holding that while fraud affected compensation terms, it did not invalidate the obligation to reimburse relocation costs, and that Sentinel was entitled to attorney's fees as the prevailing party on the wages claim.
Fraud affecting the compensation terms of the employment contract did not taint the claim for relocation costs, as Stankiewicz had actual authority to hire Godwin and the question of reimbursable relocation costs was properly submitted to the jury. Sentinel was entitled to attorney's fees under Florida Statutes section 448.08 as the prevailing party on the wages claim.
[1] Fraud in the execution of an employment contract does not necessarily taint claims for reimbursement of relocation and transportation costs incurred pursuant to that cont…
[2] When an employer disputes only a portion of an employee's claimed relocation costs and there are no specific contractual terms defining reimbursable expenses, the reasona…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Fraud was shown only as to the compensation terms. On Godwin's claim for moving costs reimbursement there was no issue whether Sentinel was contractually obligated to pay some relocation costs; Sentinel disputed only part of the costs claimed by Godwin.”
Establishes that fraud affecting compensation did not invalidate the relocation costs obligation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGlen Godwin sued Sentinel Enterprises for breach of a written employment agreement for one year of employment, temporary living accommodations, and re…
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PER CURIAM.
Appellee, Glen Godwin, commenced this action in the trial court on a complaint which alleged that Sentinel Enterprises, Inc. had breached a written employment agreement to hire him for a period of one year, pay his temporary living accommodations, and his costs for relocation and transportation. Sentinel's main defense was that Godwin and John Stankiewicz, Sentinel’s chief financial officer, committed fraud in the execution of an unauthorized contract between Godwin and Sentinel.
Sentinel’s renewed motion for summary judgment on Godwin’s wages claim was granted and only the claim for transportation and relocation costs was submitted to the jury. The jury returned a verdict in favor of Godwin for $4,139.59 (remitted by agreement) for expenses.
As the first issue in this appeal, Sentinel contends that the trial court incorrectly excluded proffered evidence which allegedly would have proved that the contract being sued upon was obtained by fraud and that the fraud also tainted the claim for transportation and relocation costs. We conclude, however, that Godwin’s entitlement to relocation costs was not affected by any fraud in the written employment contract.
There can be no dispute that Stankiewicz had the authority to hire Godwin because Godwin, in fact, was hired and, pursuant to the employment agreement, moved to Miami from Houston, Texas. Fraud was shown only as to the compensation terms. On Godwin’s claim for moving costs reimbursement there was no issue whether Sentinel was contractually obligated to pay some relocation costs; Sentinel disputed only part of the costs claimed by Godwin. In the absence of contractual terms specifying which relocation costs were reimbursable, the question was properly submitted to the jury. See Hoffman v. Terry, 397 So. 2d 1184 (Fla. 3d DCA 1981); Pan Am. Bancshares, Inc. v. Trask, 278 So. 2d 313 (Fla. 3d DCA 1973). The judgment entered on the jury verdict suffers no infirmities.
On a second issue, we agree with Sentinel that, by virtue of the summary judgment entered adverse to Godwin on his claim for unpaid wages or salary, Sentinel is a prevailing party under section 448.08, Florida Statutes (1987), and is, therefore, entitled to attorney’s fees. See James W. Gardner Corp. v. Twomey, 496 So. 2d 946 (Fla. 2d DCA 1986); Ferry v. XRG Int’l, Inc., 492 So. 2d 1101 (Fla. 4th DCA 1986) (one year’s salary to which employee was entitled under employment contract constituted “wages” for purposes of attorney’s fees statute, enabling court to award reasonable attorney’s fees).
The remaining issues are without merit.
Affirmed in part, reversed in part, and remanded for a hearing on Sentinel’s claim for attorney’s fees.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hoffman v. Terry, 397 So. 2d 1184 (Fla. 3d DCA 1981)
- PAN Am. Bancshares, Inc. v. Trask, 278 So. 2d 313 (Fla. 3d DCA 1973)
- Ferry v. XRG Int'l, Inc., 492 So. 2d 1101 (Fla. 4th DCA 1986)
- James W. Gardner Corp. v. Twomey, 496 So. 2d 946 (Fla. 2d DCA 1986)
- Denmark v. State, 496 So. 2d 946 (Fla. 2d DCA 1986)