ACUNA v. ALARCON (2022)

District Court of Appeal of Florida, Third District.

Maria Elsa ACUNA, Appellant, v. Raul ALARCON, Jr., Appellee.

No. 3D21-2250

Decided: October 06, 2022

Before EMAS, LINDSEY, and GORDO, JJ.

The Law Offices of Eddy O. Marban, and Edilberto O. Marban, for appellant. Cole, Scott & Kissane, P.A., and Lissette Gonzalez, and Carly M. Weiss, for appellee.

Appellant Maria Acuna appeals the circuit court's order granting Appellee Raul Alarcon final summary judgment on her claim for unpaid wages under the Florida Minimum Wage Act.

The Florida Supreme Court recently amended Rule 1.510 and adopted the federal summary judgment standard laid out in Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The Rule's effective date was May 1, 2021, and governs the adjudication of any motions decided on or after this date. See In re Amendments to Fla. R. Civ. P. 1.510, 317 So. 3d 72, 77 (Fla. 2021). For these reasons, this case is properly before the Court under the new summary judgment standard.

This case turns on whether Alarcon was Acuna's employer under the Florida Minimum Wage Act. Finding no reversible error, we affirm. See Rodriguez v. Jones Boat Yard, Inc., 435 F. App'x. 885 (11th Cir. 2011).

Affirmed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network