RAND BROADCASTING OF TAMPA-ST. PETERSBURG, INC., A FLORIDA CORPORATION, APPELLANT,
v.
GENE PACKWOOD, D/B/A GENE PACKWOOD COMMERCIAL ART STUDIO, APPELLEE
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The appellate court reversed a summary judgment, finding that genuine issues of material fact existed regarding whether an employee had the apparent or actual authority to bind her employer for services rendered by a third party.
Yes, genuine issues of material fact existed concerning Joyce Keene's authority to bind Rand Broadcasting, making summary judgment inappropriate.
“A careful review of the pleadings and affidavits considered by the lower court on Plaintiff's motion for summary judgment reveal issues of fact concerning the apparent or actual agency of Joyce Keene to obligate the Defendant for the services performed by the Plaintiff.”
Establishes the existence of factual disputes regarding agency that precluded summary judgment.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Gene Packwood, provided commercial art services to Rand Broadcasting. Rand Broadcasting appealed a summary judgment granted in favor of…
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This is an appeal from a final summary judgment in favor of Plaintiff below. A careful review of the pleadings and affidavits considered by the lower court on Plaintiff’s motion for summary judgment reveal issues of fact concerning the apparent or actual agency of Joyce Keene to obligate the Defendant for the services performed by the Plaintiff.
One issue raised is whether the contracting of Plaintiff’s services by Joyce Keene was with the full knowledge and approval of the Station Manager. In addition, by her affidavit, Joyce Keene affirmatively stated she had the authority to bind her employer for the work performed. The affidavit of the manager denied these facts.
It follows that the summary final judgment should be reversed upon the authority of Jones v. Stoutenburgh, Fla., 91 So.2d 299.
Reversed.
ALLEN, C. J., SHANNON, J., and BARKER, ROGER 'A., Associate Judge, concur.
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Citator
Cited By
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Herold v. Computer Components Int'l, Inc., 252 So. 2d 576 (Fla. 4th DCA 1971)…dgment proceedings. American Ladder & Scaffold Co. v. Miami Vent. Awn. Mfg. Co., Fla.App.1964, 161 So. 2d 699; see also Osher v. Carvel, Fla.App.1967, 201 So. 2d 753; Rand Broadcasting of Tampa-St. Petersburg, Inc. v. Packwood, Fla.App. [*582] 1965, 181 So. 2d 350. See also Industrial Sales & Service Corp. v. Duval Motors, Fla.App.1971, 245 So. 2d 891. Reversed. WALDEN and MAGER, JJ., concur. MELVIN, WOODROW M., Associate Judge, dissents, without opinion. . See “An Appellate Judge’s Approach When Reviewin…
Authorities Cited
- Jones v. Stoutenburgh, 91 So. 2d 299 (Fla. 1956)