![]() ![]() ![]() General Motors Corp., 392 So.2d 40, 41 (Fla. If the employer's right to control the activities of an employee extends to the manner in which a task is to be performed, then the employee is not an independent contractor. Whether one party is a mere agent rather than an independent contractor as to the other party is to be determined by measuring the right to control and not by considering only the actual control exercised by the latter over the former. The party alleging the agency relationship bears the burden of proving it, just as the party moving for summary judgment has the burden to prove the absence of material fact issues. The question can be resolved by summary judgment only in those cases where the evidence is capable of but one determination and there is no evidentiary question for the jury to resolve. Weekly S267 (Fla.March 27, 2003) Goldschmidt Robbins. Prudential Health Care Plan, Inc., 2003 WL 1561528, 28 Fla. The existence of an agency relationship is normally one for the trier of fact to decide.Henderson Properties, Inc., 683 So.2d 513 (Fla. ![]() The essential elements of an actual agency relationship are: 1) acknowledgment by the principal that the agent will act for him or her, 2) the agent's acceptance of the undertaking, and 3) control by the principal over the actions of the agent. On appeal, Font challenges only the determination as to actual agency. The court below found Gellner Enterprises and O'Connor were neither the actual nor apparent agents of Stanley Steemer.
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