WARREN WALKER, ETC., ET AL, APPELLANTS,
v.
PALM BEACH NEWSPAPERS, INC., APPELLEE
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GOSHORN, Judge.
The dispositive issue in this appeal concerns the correctness of the trial court’s order directing a verdict for Palm Beach Newspapers, Inc., after finding that the newspaper’s home delivery carrier, Samuel Turner, was an independent contractor and not its employee. This case is factually analogous to Miami Herald Publishing Company v. Kendall, 88 So. 2d 276 (Fla.1956) and we affirm on its authority.
The remaining two issues raised by appellant are without merit.
AFFIRMED.
COBB, J., concurs.
W. SHARP, J., concurs specially with opinion.
PER CURIAM.
Pursuant to Florida Rule of Appellate Procedure 9.330(a), we grant the appellants’ motion for certification and amend our previous opinion to include certification, pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), of the following question to the Supreme Court of Florida as one of great public importance.
WHETHER, IN LIGHT OF THE EVOLVING BUSINESS RELATIONSHIP BETWEEN NEWSPAPER PUBLISHERS AND THE PERSONS DELIVERING THE NEWSPAPER, THE HOLDING IN MIAMI HERALD PUBLISHING CO. V. KENDALL, 88 SO.2D 276 (FLA.1956) IS STILL VIABLE.
We decline to certify direct conflict.
COBB, W. SHARP and GOSHORN, JJ., concur. . Girls and women, families, and retired persons — these now also deliver papers in order to support themselves and their families. A much more diverse group of people delivers papers today and for much more mundane reasons.
. Restatement 2d, Agency § 2; Miami Herald Publishing Co. v. Kendall, 88 So. 2d 276 (Fla.1956); Robison By and Through Bugera v. Faine, 525 So. 2d 903 (Fla. 3d DCA 1987).
. He delivered papers in special wrappers only to the list of customers on his specified route, and had to follow all of the newspaper’s special instructions.
. Before 6:00 a.m.
. Turner received a special computer printout from the newspaper of persons to whom to deliver.
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Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Miami Herald Publ'g Co. v. Mrs. Mary Kendall, 88 So. 2d 276 (Fla. 1956)
- Robison v. Micheline Faine & Catalano's Nurses Registry, Inc., 525 So. 2d 903 (Fla. 3d DCA 1987)