17 So. 3d 1016 - White v. Frederick’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Was there was a contract between the parties? (2) Was the work being done of an independent nature such that the employee/contractor could employ nonexclusive means in accomplishing it? (3) Did the contract “eall[] for specific piecework as a unit to be done according to the [employee’s/eontractor’s] own methods, without being subject to the control and direction, in the performance of the service, of [the employer/principal], except as to the result of the services rendered”? (4) Was “a specific price for the overall undertaking ... agreed upon”? (5) Whether the contract’s “duration is for a specific time and not subject to termination or discontinuance at the will of either side without a corresponding liability for its breach”?”

   1 later decision quote this exact passage
   e.g. Energy XXI, GoM, LLC v. New Tech Engineering, L.P.

2. “An independent contractor relationship presupposes a contract between parties for a specific piecework as a unit to be done according to the independent contractor’s own methods, without control and direction by the principal except as to the final result. The independent contractor’s work is of an independent nature allowing him to employ nonexclusive means in accomplishing it. As agreed upon by the parties, there is a specific price for the undertaking, and there is a specific time or duration. Neither side may terminate or discontinue at will without risk of incurring liability for the breach. .[Citations omitted.]”

   1 later decision quote this exact passage
   e.g. Hopper v. Austin