District Court of Appeal of Florida

In plaintiff's action seeking insurance commissions earned as an agent with defendant-insurance agency before and after he terminated his relationship with it, summary judgment for defendant is reversed where: 1) the contract provided for the payment of post-termination renewal commissions to plaintiff; 2) the court erred in utilizing summary judgment to apply equitable estoppel to a disputed factual issue; 3) the trial court erred in finding waiver of his rights under an agreement since waiver is a factual issue to be determined by a jury; 4) applying laches to bar plaintiff's recovery of renewal commission shortages was error.

Appellate Information

• Decided 09/15/2006
• Published 09/15/2006

Judges

• THOMPSON, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Richard C. Swank and Donald E. Christopher, of Litchford & Christopher, P.A., Orlando, for Appellant.


• For Appellees:
  
• Marcia K. Lippincott, of Marcia K. Lippincott, P.A., Lake Mary, for Appellee.