MILES GARNER
v.
MARLIN CONSTRUCTION GROUP, LLC
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.
Miles Garner appealed summary judgment entered in favor of his former employer, Marlin Construction Group, LLC, in a dispute over unpaid sales commissions. The Sixth District Court of Appeal reversed the summary judgment and remanded the case based on recent precedent establishing that similar commission disputes cannot be resolved at the summary judgment stage.
The court reversed the summary judgment and remanded the case because the court's recent decisions in Marlin Construction Group, LLC v. Bollinger and Forrey v. Marlin Construction Group, LLC establish that such commission disputes cannot be resolved at the summary judgment stage and require further proceedings consistent with the Bollinger opinion.
“we reverse the entry of final summary judgment in favor of Marlin and remand this case for further proceedings consistent with our opinion in Bollinger”
The court's core holding reversing summary judgment and establishing the standard for remand based on precedent in Bollinger.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGarner was engaged by Marlin Construction Group to sell roofing services. Garner filed a complaint seeking to recover unpaid commissions allegedly owe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Summary Judgment cases and more on FLexlaw
Appellee. _____________________________ Appeal from the Circuit Court for Lee County.
Joseph C. Fuller, Judge.
March 7, 2025 PER CURIAM. Miles Garner appeals the entry of final summary judgment in favor of Marlin Construction Group, LLC (“Marlin”), on his complaint to recover unpaid commissions for the sale of Marlin’s roofing services. Based on our recent decisions in Marlin Construction Group, LLC v. Bollinger, No. 6D23-810, 2024 WL 1432150 (Fla. 6th DCA Apr. 3, 2024), and Forrey v. Marlin Construction Group, LLC, No. 6D23-1051, 2024 WL 2490073 (Fla. 6th DCA May 24, 2024), we reverse the entry of final summary judgment in favor of Marlin and remand this case for further proceedings consistent with our opinion in Bollinger. REVERSED and REMANDED with instructions. STARGEL and MIZE, JJ., and LAMBERT, B.D., Associate Judge, concur. Celene Humphries, of Celene Humphries, PLLC, Spring City, Tennessee, and Angeli Murthy and Allison M. Rattet of Morgan & Morgan, P.A., Plantation, for Appellant. Jack C. Morgan, III, and Scott J. Hertz, of Aloia Roland Lubell & Morgan, Fort Myers, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Miles Garner v. Marlin Constr. Grp., LLC (Fla. 6th DCA 2025)…ions for the sale of Marlin’s roofing services. Based on our recent decisions in Marlin Construction Group, LLC v. Bollinger, No. 6D23-810, 2024 WL 1432150 (Fla. 6th DCA Apr. 3, 2024), and Forrey v. Marlin Construction Group, LLC, No. 6D23-1051, 2024 WL 2490073 (Fla. 6th DCA May 24, 2024), we reverse the entry of final summary judgment in favor of Marlin and remand this case for further proceedings consistent with our opinion in Bollinger. 2 REVERSED and REMANDED with instructions. STARGEL and MIZ…
Authorities Cited
- Forrey v. Marlin Constr. Grp., LLC (Fla. 2d DCA 2024)
- Miles Garner v. Marlin Constr. Grp., LLC (Fla. 6th DCA 2025)