WALTER D. MCLEMORE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, APPELLANT,
v.
LFH ACQUISITION CORP. D/B/A LABOR FOR HIRE, INC., APPELLEE
TAYLOR, J.
Walter McLemore, a day laborer, appeals an order dismissing with prejudice his complaint for violations of the Labor Pool Act, section 448.20 et seq., Florida Statutes. The trial court dismissed the complaint for failure to state a cause of action upon concluding that the amount that Labor For Hire, Inc., charged day laborers for transportation in Broward County was reasonable as a matter of law. Because reasonableness of the transportation charges is a question of fact for determination by a jury, we reverse the order of dismissal and remand for further proceedings. See generally D’Attilio v. Fifth Ave. Bus. Ass’n., 710 So. 2d 117, 118 (Fla. 2d DCA 1998); E.W. Karate Ass’n. v. Riquelme, 638 So. 2d 604, 605 (Fla. 4th DCA 1994).1
Reversed.
WARNER and GROSS, JJ., concur. . We note that Labor for Hire raised several constitutional challenges to the Labor Pool Act, which the trial court declined to address.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Small v. Devon Condo. B Ass'n, Inc., 141 So. 3d 574 (Fla. 4th DCA 2014)…a given medical service is “necessary” is a question of fact). And, considering the owner’s health risks, there was also a genuine issue of material fact about the reasonableness of the association’s actions. See McLemore v. LFH Acquisition Corp., 957 So. 2d 118, 118 (Fla. 4th DCA 2007) (reasonableness is a question of fact). Here, the record reflects genuine issues of material fact as to whether the association’s actions were reasonable and necessary. Summary judgment is therefore reversed, as is the atto…
Authorities Cited
- E. W. Karate Ass'n, Inc. v. Riquelme, 638 So. 2d 604 (Fla. 4th DCA 1994)
- D'Attilio v. Fifth Ave. Bus. Ass'n, Inc., 710 So. 2d 117 (Fla. 2d DCA 1998)