Langford v. Paravant, Inc.

Summary

The Florida Fifth District Court of Appeal affirmed the final judgment on liability and damages in a dispute over unpaid commissions, rejecting the appellant's challenges to trial bifurcation, evidentiary rulings, jury instructions, the verdict form, and denial of judgment as a matter of law. The court reversed the order denying attorney's fees and costs, holding that the employee was entitled to fees under section 448.08, Florida Statutes, and remanded for determination of the amount.

Holdings

1. The trial court did not commit reversible error in bifurcating the trial, handling the evidence, instructing the jury, providing the verdict form, or denying Langford's motion for judgment as a matter of law.
2. A litigant who obtains an affirmative judgment for unpaid commissions is a prevailing party entitled to attorney's fees and costs under section 448.08, even if the recovery is less than the amount claimed or does not encompass every count.

Questions Presented

1. Whether the trial court committed reversible error by sua sponte bifurcating the trial.
2. Whether the trial court improperly excluded or refused to consider evidence before the jury.
3. Whether the jury instructions and verdict form were improper.
4. Whether the trial court erred in denying Langford's motion for judgment as a matter of law.
5. Whether Langford was entitled to attorney's fees and costs under section 448.08, Florida Statutes, despite recovering less than the full amount of commissions claimed.

Disposition

other