Yovan v. Burdine's

CourtUnited States State Supreme Court of Florida
Writing for the CourtTERRELL; DREW
Citation81 So.2d 555
Decision Date22 June 1955
PartiesCharlotte C. YOVAN, Appellant, v. BURDINE'S, a Florida corporation, Appellee.

Page 555

81 So.2d 555
Charlotte C. YOVAN, Appellant,
v.
BURDINE'S, a Florida corporation, Appellee.
Supreme Court of Florida, Division A.
June 22, 1955.

Page 556

Phillip D. Anderson, West Palm Beach, for appellant.

Earnest, Lewis, Smith & Jones, Culver Smith and William A. Foster, West Palm Beach, for appellee.

TERRELL, Justice.

Appellee was the owner and operator of a store in West Palm Beach at which appellant was employed to display and sell the goods of Rex Cutlery Company. December 23, 1952, while appellant was ascending the stairway in said store, she fell and was injured because of appellee's alleged negligence in failing to maintain said stairs in a safe and sound condition. Pursuant to these facts, the appellant filed this suit against appellee, claiming damages for her injuries. She requested a jury trial. Appellant will hereinafter be referred to as the plaintiff and appellee as defendant.

Defendant moved to dismiss on the ground the complaint stated no cause upon which relief could be granted. The trial court did not rule on this motion. December 8, 1953, defendant moved for summary judgment on the ground that plaintiff was an employee of defendant and could not maintain a law action against it because any claim she might have against it was covered by Workmen's Compensation Law of Florida, F.S.A. § 440.01 et seq. On consideration said motion for summary judgment was granted and final judgment was entered for the defendant. The plaintiff has appealed from the final judgment.

The point for determination is whether or not the Circuit Court committed error in granting the motion for summary judgment.

When the Circuit Court entered the summary judgment, it was confronted with the complaint, the deposition of the plaintiff taken at the instance of defendant May 12, 1953, order of the Deputy Commissioner of the Florida Industrial Commission dated October 20, 1953, and an affidavit of the manager of defendant's West Palm Beach store, dated January 5, 1954. The disputed issue is whether the plaintiff was an employee of Rex Cutlery Company, or the defendant, Burdine's.

The complaint asserts that plaintiff was an employee of Rex Cutlery Company; in her deposition plaintiff stated that she was an employee of Rex Cutlery Company;

Page 557

the transcript refers to plaintiff's employment by and the fact that she was paid by Rex Cutlery Company. Plaintiff further asserts that Rex Cutlery Company sent her commissions from their New York...

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13 practice notes
  • State v. McBride, No. SC02-627.
    • United States
    • United States State Supreme Court of Florida
    • 15 Mayo 2003
    ...wherein the parties are the same in the second suit as in the former action but the causes of action are different," Yovan v. Burdine's, 81 So.2d 555, 557 (Fla.1955), are myriad. Probably the most succinct and direct expression of this principle is found in this Court's statement in Univers......
  • Stogniew v. McQueen, No. 83881
    • United States
    • United States State Supreme Court of Florida
    • 4 Mayo 1995
    ...Florida has traditionally required that there be a mutuality of parties in order for the doctrine to apply. Yovan v. Burdine's, 81 So.2d 555 (Fla.1955); Prudential Ins. Co. v. Turkal, 528 So.2d 487 (Fla. 3d DCA 1988). Thus, unless both parties are bound by the prior judgment, neither may us......
  • Matter of Sunshine Jr. Stores, Inc., Bankruptcy No. 92-16406-8B1.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • 17 Noviembre 1994
    ...are generally held to be conclusive on the parties as to matters and issues involved within their jurisdiction." Yovan v. Burdines's, 81 So.2d 555, 557 (Fla. 1955); United States Fidelity and Guaranty Co. v. Odoms, 444 So.2d 78, 79-80 (5th DCA 1984); School Board of Seminole County v. Unemp......
  • Schwartz v. Zippy Mart, Inc., Nos. AN-63
    • United States
    • Court of Appeal of Florida (US)
    • 7 Mayo 1985
    ...of courts are ... held to be conclusive on the parties as to matters and issues involved within their jurisdiction." Yovan v. Burdine's, 81 So.2d 555, 557 Although no prior determination has been made by a workers' compensation deputy as to whether the injury involved in the present case wa......
  • Request a trial to view additional results
13 cases
  • State v. McBride, No. SC02-627.
    • United States
    • United States State Supreme Court of Florida
    • 15 Mayo 2003
    ...wherein the parties are the same in the second suit as in the former action but the causes of action are different," Yovan v. Burdine's, 81 So.2d 555, 557 (Fla.1955), are myriad. Probably the most succinct and direct expression of this principle is found in this Court's statement in Univers......
  • Stogniew v. McQueen, No. 83881
    • United States
    • United States State Supreme Court of Florida
    • 4 Mayo 1995
    ...Florida has traditionally required that there be a mutuality of parties in order for the doctrine to apply. Yovan v. Burdine's, 81 So.2d 555 (Fla.1955); Prudential Ins. Co. v. Turkal, 528 So.2d 487 (Fla. 3d DCA 1988). Thus, unless both parties are bound by the prior judgment, neither may us......
  • Matter of Sunshine Jr. Stores, Inc., Bankruptcy No. 92-16406-8B1.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • 17 Noviembre 1994
    ...are generally held to be conclusive on the parties as to matters and issues involved within their jurisdiction." Yovan v. Burdines's, 81 So.2d 555, 557 (Fla. 1955); United States Fidelity and Guaranty Co. v. Odoms, 444 So.2d 78, 79-80 (5th DCA 1984); School Board of Seminole County v. Unemp......
  • Schwartz v. Zippy Mart, Inc., Nos. AN-63
    • United States
    • Court of Appeal of Florida (US)
    • 7 Mayo 1985
    ...of courts are ... held to be conclusive on the parties as to matters and issues involved within their jurisdiction." Yovan v. Burdine's, 81 So.2d 555, 557 Although no prior determination has been made by a workers' compensation deputy as to whether the injury involved in the present case wa......
  • Request a trial to view additional results

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