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F & G DISTRIB., INC. v. ST., DEPT. OF LABOR

No. 85-1150.

478 So.2d 891 (1985)

F & G DISTRIBUTORS, INC., Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, Appellee.

District Court of Appeal of Florida, Third District.

December 3, 1985.

Attorney(s) appearing for the Case

Paul S. Berger and Paul F. Clark, Miami, Brownstein, Zeidman & Schomer and Donald A. Kaul, Washington, D.C., for appellant.

Louise Toole Ramsay, Tallahassee, for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

We reverse the decision of the Special Deputy and order of the Department of Labor and Employment Security which found the claimant involved herein was an "employee" within the meaning of section 443.036(17), Fla. Stat. (1983). All the evidence at the hearing held before the Special Deputy demonstrated that F & G Distributors, Inc., exerted no effective control over the claimant-salesman and was concerned only with profits earned. The evidence presented...

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