Opinion
Nos. 95-3490, 96-388.
October 30, 1996. Rehearing Denied December 11, 1996.
An Appeal from the Circuit Court of Dade County, Herbert M. Klein, Judge.
Hermelee, Stieglitz Walker, Bruce G. Hermelee, Stephen G. York, Miami, for appellant/cross-appellee.
Stephen E. Tunstall, for appellee/cross-appellant.
Before GERSTEN, GODERICH and GREEN, JJ.
The defendant, Pal-Med Health Services [Pal-Med], appeals from an adverse final judgment, from the denial of its motion for rehearing, and from an adverse final judgment on attorney's fees. The plaintiff, Guy Johnson, also cross-appeals from the final judgment. We affirm.
After a careful review of the record, we find that the final judgment awarding Johnson $17,442.31 for breach of an employment agreement was supported by competent, substantial evidence. In addition, we find that the trial court properly determined as a matter of law that Johnson was Pal-Med's employee and that such determination was also supported by competent, substantial evidence. Thus, an award of attorney's fees, pursuant to section 448.08, Florida Statutes (1995), was appropriate.
Affirmed.