Public-domain · open source
OpenJurist

458 So. 2d 359

458 So.2d 359

9 Fla.L.Weekly 2219

Burns v. Sams

District Court of Appeal of Florida

Decided October 18, 1984

District Court of Appeal of Florida · decided 1984-10-18

Cited by 1 later decisions — most recently July 1991

1 state decisions

Relies on 427 So. 2d 221 - DeBolt v. Dept. of Health & Rehab. Services

Good law ✅— No negative treatment on recordhow we know

Decided 1984-10-18

View the full empirical analysis of this case →

JOANOS, Judge,

¶1dissenting.

¶2I respectfully dissent from the majority opinion. The terms “volunteer” and “independent contractor” are not in my opinion mutually exclusive. A volunteer can perform tasks as a “servant” or serve as an “independent contractor.” The right of control over the worker is the determining factor as to whether or not someone is an independent contractor or a servant. DeBolt v. Dept. of Health & Rehab. Services, 427 So.2d 221, 226 (Fla. 1st DCA 1983). The facts of the case show conclusively that Calhoun was either an independent contractor or the servant of an independent contractor, Pray. In either event, appel-lees were entitled to the directed verdict awarded them by the trial judge.

/458/so2d/359 · .json · Public domain