STEVEN LORE, APPELLANT,
v.
TOM BARR, INDIVIDUALLY, AND WINN-DIXIE STORES, INC., APPELLEES

Fla. 1st DCA | 2000-11-09
No. 1D99-3923
BENTON and PADOVANO, JJ., CONCUR.
771 So. 2d 589 Florida District Court of Appeal, First District (2000) Positive Treatment
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The appellant, a former Winn-Dixie employee turned Premier Beverage salesman, sued for intentional interference with his business relationship after Tom Barr, Winn-Dixie's purchasing agent, convinced Premier to remove Winn-Dixie stores from his sales territory. The court reversed summary judgment, holding that the defendant's motive remains a disputed material fact requiring trial.


Holding

Summary judgment was improper because the defendants' motive is a material fact in dispute. To establish a qualified privilege defense to intentional interference, the defendants must show their actions were not motivated solely by malice but at least partly by a legitimate interest, here store security. This factual question precludes summary judgment.


Headnotes

[1] Summary judgment is precluded when a material factual dispute exists regarding the defendant's motivation for interfering with a business relationship.

[2] To recover for intentional interference with a business relationship, the interference must be shown to be unjustified.

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Key Quotes

“To recover for an intentional interference with a business relationship it must be shown that the interference was unjustified.”

Establishes the fundamental requirement for plaintiff's cause of action

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Facts & Procedural History

Lore resigned from Winn-Dixie and became a salesman for Premier Beverage. Shortly after his departure, Winn-Dixie discovered missing cash from his for…

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Opinion of the Court
ALLEN, Judge.

ALLEN, Judge.

The appellant challenges a final summary judgment for the appellees in the appellant’s action for intentional interference with a business relationship. Because the appellees’ motive with regard to the alleged interference is a material fact which remains in dispute, the court should not have entered a summary judgment.

As indicated in the pleadings and other documents submitted below, the appellant began working as a salesman for Premier Beverage Company after resigning as an employee of the appellee Winn Dixie. Shortly after the appellant’s last day of work for Winn Dixie it was discovered that a large sum of cash was missing from the store in which he had worked, and the appellant was one of several persons whom Winn Dixie suspected of taking this money. Six Winn Dixie stores were included within the appellant’s sales territory for Premier. The appellee Tom Barr, acting as Winn Dixie’s purchasing agent, advised Premier that Winn Dixie was uncomfortable with the appellant servicing these stores. Premier then removed the Winn Dixie Stores from the appellant’s sales territory. The appellant, whose income from Premier was derived exclusively from commissions and who made a significant portion of his sales to these Winn Dixie stores, thereafter terminated his employment with Premier and filed the present action based on the appellees’ interference with this business relationship.

To recover for an intentional interference with a business relationship it must be shown that the interference was unjustified. See Tamiami Trail Tours, Inc. v. Cotton, 463 So. 2d 1126 (Fla.1985). In the present case the trial court concluded that the appellees’ actions were privileged and therefore justified because they were motivated, at least in part, by a legitimate concern for store security arising from Winn Dixie’s suspicions that the appellant may have stolen cash from one of its stores. In entering summary judgment the court cited McCurdy v. Collis, 508 So. 2d 380 (Fla. 1st DCA 1987), wherein it was indicated-that a third party may be privileged to interfere in the business relationship of another when the third party’s actions are not motivated solely by malice. As recognized in McCurdy, this qualified privilege can arise when the third party and a party to the business relationship have a corresponding interest in the objective advanced by the interference. Maintaining store security may be such an interest in the present case, but the documents submitted below present a factual dispute as to the appellees’ actual motivation in contacting Premier. Because the question of whether the appellees were motivated solely by malice or at least partly by an interest in store security is yet unresolved, summary judgment is precluded by the existence of this material factual dispute.

The final summary judgment is reversed, and the case is remanded.

BENTON and PADOVANO, JJ., CONCUR.


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Citator

Cited By

  • Thompson v. Rinker Materials of Fla., Inc., 390 F. Supp. 2d 1165 (M.D. Fla. 2005)
    …social interests in protecting the freedom of action of the actor and the contractual interests of the other, (f) the proximity of remoteness of the actor’s conduct to the interference, and (g) the relations between the parties. 20 . 771 So.2d 589 (Fla. 1st DCA 2000). 21 . For examples of Florida cases holding as a matter of law that a defendant's decision to exclude a party from its business premises was justified see Smith v. Emery Air Freight Corp., 512 So.2d 229, 230 (Fla. 3…

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