MANUEL GUERRA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Darrin E. McGillis v. Dep't OF Econ. Opportunity, 210 So. 3d 220 (Fla. 3d DCA 2017)
  …So. 2d 276 (Fla. 1956). But among these ten factors, the “extent of control” is recognized by Florida courts as the most important factor in determining whether a person is an [*225] employee or independent contractor. Verchick v. Hecht Invs., Ltd., 924 So. 2d 944, 946 (Fla. 3d DCA 2006) (“It is well-established that the main test in determining the existence of an employer-employee relationship is whether the employer has direction and control over the employee.”). “Control” refers to “the right to direct wh…
• Pensacola Christian Coll. & Robert Maddox v. Joyanne Bruhn, 80 So. 3d 1046 (Fla. 1st DCA 2011)
  …sesses a separate FIN/EIN number than does Pensacola Christian College.” However, the record on appeal does not support either finding. Moreover, a W-2 form is not conclusive evidence of an employment relationship. See Verchick v. Hecht Invs., Ltd., 924 So. 2d 944, 945-46 (Fla. 3d DCA 2006) (holding that W-2 tax forms alone did not establish an employment relationship). Rather, as this court stated in Hoar Construction v. Varney, 586 So. 2d 463 (Fla. 1st DCA 1991), “[t]he payment of wages is the least importa…
• Bahadue v. Shezad Sanaullah, M.D., 946 So. 2d 1247 (Fla. 1st DCA 2007)
  …nt’s and appellee’s submissions regarding the extent of IHR’s involvement in the employment contract are conclusory. Conclusory statements alone are insufficient to support the grant of motion for summary judgment. See Verchick v. Hecht Invs., Ltd., 924 So. 2d 944 (Fla. 3d DCA 2006) (holding that a trial court could not rely on two individual’s conclusory affidavits proclaiming to be employees of a business). In addition, the trial court further erred when it concluded that appellant entered into a written e…

Authorities Cited

• Gisela Deltoro Castellon v. Alina Navarro Cabrera, 711 So. 2d 1343 (Fla. 3d DCA 1998)