EDWARD J. ROONEY, ET AL., APPELLANTS,
v.
BARNETT BANKS, INC., A FLORIDA CORPORATION, APPELLEE
PER CURIAM.
Reversed and remanded for further proceedings. We believe the trial court erred in holding that the appellants have not sufficiently alleged an actual and apparent agency relationship between the appellee and a local banking institution. See Orlando Executive Park, Inc. v. Robbins, 433 So. 2d 491 (Fla.1983); and Ft. Myers Airways, Inc. v. American States Insur. Co., 411 So. 2d 883 (Fla. 2d DCA 1982), rev. denied 418 So. 2d 1278 (Fla.1982). Our holding is, of course, limited to the issues addressed by the trial court, that of the sufficiency of the allegations of agency, and is not intended as a comment of any kind on the underlying cause of action against the appellee and its alleged agent.
ANSTEAD, GUNTHER and STONE, Associate Judges, concur.
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Ilgen v. Henderson Props., Inc., 683 So. 2d 513 (Fla. 2d DCA 1996)…more than the mere use of logos or trademarks at a franchise location.1 Whether or not Rutenberg knew that Henderson was using its contracts in the manner asserted is not at issue at this point in the proceedings. Cf. Rooney v. Barnett Banks, Inc., 555 So. 2d 884 (Fla. 2d DCA 1989). Turning to count XIII, the actual agency claim, the elements essential to the existence of an actual agency relationship are: (1) acknowledgement by the principal that the agent will act for him; (2) the agent’s acceptance of th…
Authorities Cited
- Orlando Executive Park, Inc. v. Robbins, 433 So. 2d 491 (Fla. 1983)
- Fort Myers Airways, Inc. v. Am. States Ins. Co., 411 So. 2d 883 (Fla. 2d DCA 1982)