McCann Plumbing Co. v. Plumbing Industry Program, Inc., 57-464
| Decision Date | 18 September 1958 |
| Docket Number | No. 57-464,57-464 |
| Citation | 105 So.2d 26 |
| Parties | 43 L.R.R.M. (BNA) 2179, 35 Lab.Cas. P 71,844 McCANN PLUMBING CO., a Florida corporation, Appellant, v. PLUMBING INDUSTRY PROGRAM, Inc., a non-profit Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Edward B. Quinan, Miami, for appellant.
Alpert & MacArthur, Miami, for appellee.
Plumbing Industry Program, Inc., brought a bill for accounting against McCann Plumbing Co. A final decree was entered for the plaintiff determining the amount due and entering judgment for said amount. From this final decree the defendant appeals and assigns as error the following: (1) the order denying defendant's motion to dismiss the complaint, (2) the interlocutory decree finding that the plaintiff was entitled to an accounting and (3) the final decree. The latter two assignments state only that the decrees referred to were 'Contrary to the law and the evidence.'
Before passing to a consideration of the points argued under the assignments enumerated, it should be pointed out that assignments of error specifying only that a certain decree is contrary to the law and the evidence fail to comply with the spirit of the appellate rules. See Florida Appellate Rule 3.5(c), 31 F.S.A., and Bybee v. Stearn, Fla.1957, 95 So.2d 529.
In addition, the practice followed by the chancellor in this case of entering an interlocutory decree determining the right of the plaintiff to an accounting, prior to the actual accounting, is conducive to an economy of time and effort. For it may often avoid the taking of unnecessary testimony.
The record reveals that the plaintiff, a non-profit corporation, was incorporated in June of 1952, and has as its main purpose the advancement of the plumbing industry through education and institutional advertising, as well as by other means. On June 9, 1954, the defendant plumbing contractor entered into a contract with a plumbers local union. This contract included the following clause:
'The Local Union No. 519 understands that employers are carrying on a Program for the benefit and furtherance of the Plumbing Industry and that the purposes of said Program include better public relations, institutional advertising, plumbing education, stability of employer-employee relations and better sanitation through laws and through the education of the public, and that certain employers have consented to contribute to the Program and Local Union No. 519 requires that the employer contribute to the Program a minimum of 10cents per hour for each of his employees who is working under the terms of this agreement and who is a member of Local Union No. 519, or under its jurisdiction and requires that in this Program, three of its members shall participate in an advisory capacity without vote.
'The employer signing this agreement agrees to contribute to the Plumbing Industry Program, as set forth in Article 2, * * * on each and every weekly payroll date, 10cents (0.10) per hour paid for each member, or employee under the jurisdiction, of Local Union No. 519 who is in his employ.'
This contract was the third of three similar contracts signed by the defendant and the plumbers local union. The defendant made its payments to the Plumbing Industry Program from 1952 until the early part of 1955, when it ceased making payments under the contract. Thereafter defendant resumed payments for a short period and later denied liability under the contract.
The appellant urges first that the Plumbing Industry Program, Inc., was...
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