Dupree v. Speer

• Decision Date: 02 April 2019
• Docket Number: Case No. 5D17-3545
• Citation: 266 So.3d 884 (Mem)
• Parties: Aaron W. DUPREE and Amber Dupree, as Husband and Wife, Appellants, v. Dana M. SPEER, Individually and Jaymor Management Group, LLC., a Limited Liability Company, Appellees.
• Court: Florida District Court of Appeals

266 So.3d 884 (Mem)

Aaron W. DUPREE and Amber Dupree, as Husband and Wife, Appellants,

v.Dana M. SPEER, Individually and Jaymor Management Group, LLC., a Limited Liability Company, Appellees.

Case No. 5D17-3545

District Court of Appeal of Florida, Fifth District.

Opinion filed April 2, 2019

Margaret E. Kozan, of Margaret E. Kozan, P.A., Winter Park, and Michael J. Damaso, II, of Wooten Kimbrough, P.A., Orlando, for Appellants.

Samuel B. Spinner and Hinda Klein, of Conroy Simberg, Hollywood, for Appellee, Jaymor Management Group, LLC, a Limited Liability Company.

No Appearance for Other Appellee.

PER CURIAM.

AFFIRMED. See Hernandez v. Tallahassee Med. Ctr., Inc., 896 So.2d 839, 843 (Fla. 1st DCA 2005) ("[T]he law is well established that an employee driving to and from work is not within the scope of employment so as to impose liability on the employer." (citing Foremost Dairies, Inc. of the South v. Godwin, 158 Fla. 245, 26 So.2d 773 (Fla. 1946) ; Freeman v. Manpower, Inc., 453 So.2d 208, 209 (Fla. 1st DCA 1984) ) ).

EVANDER, C.J. , GROSSHANS and SASSO, JJ., concur.