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SUPERIOR BRANDS, INC. v. ROGERS

No. 93-2793.

646 So.2d 257 (1994)

SUPERIOR BRANDS, INC., a foreign corporation, Bobby Carraway, individually and as an employee of Superior Brands, Inc., and Carnation Company, successor foreign corporation to Superior Brands, Inc., Appellants, v. Mary Ann ROGERS & Roy Reese, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 6, 1995.

Attorney(s) appearing for the Case

Cecil L. Davis, Jr. of McConnaughhay, Roland, Maida, Cherr & McCranie, P.A., Tallahassee, for appellants.

Marie A. Mattox, P.A., Tallahassee, for appellees.

ERVIN, Judge.

We affirm all issues except that wherein appellants claim that Bobby Carraway, an employee of Superior Brands, could not be individually liable under section 440.205, Florida Statutes (1989), and as to this issue we reverse the trial court's denial of appellants' motion to dismiss,1 and remand with directions that Carraway be dismissed as a party.

As the supreme court explained in Scott v. Otis Elevator Co.,

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