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Gibbs v. H.J. Heinz Company

District Court of Appeal of Florida, Fifth District
Dec 29, 1988
536 So. 2d 370 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-748.

December 29, 1988.

Appeal from the Circuit Court for Orange County, Lawrence R. Kirkwood, J.

Jack B. Nichols, P.A., Orlando, for appellant.

Christopher C. Skambis and Ellen S. Camenker of Foley Lardner, Van Den Berg, Gay, Burke, Wilson Arkin, Orlando, for appellee.


The trial court held that a complaint by an employee against his employer did not state a cause of action for wrongful termination of employment because the complaint failed to allege the existence of an employment contract for a definite period of duration. We affirm.

An employment contract which is indefinite as to term of employment is terminable at the will of either party without cause. Knudsen v. Green, 116 Fla. 47, 156 So. 240 (1934); Muller v. Stromberg Carlson Corp., 427 So.2d 266 (Fla.2d DCA 1983); Roy Jorgensen Assoc., Inc. v. Deschenes, 409 So.2d 1188 (Fla. 4th DCA 1982); Catania v. Eastern Airlines, Inc., 381 So.2d 265 (Fla.3d DCA 1980); Russell Axon v. Handshoe, 176 So.2d 909 (Fla.1st DCA 1965), cert. denied, 188 So.2d 317 (Fla. 1966); Hope v. National Airlines, Inc., 99 So.2d 244 (Fla.3d DCA 1957).

AFFIRMED.

ORFINGER and DANIEL, JJ., concur.


Summaries of

Gibbs v. H.J. Heinz Company

District Court of Appeal of Florida, Fifth District
Dec 29, 1988
536 So. 2d 370 (Fla. Dist. Ct. App. 1988)
Case details for

Gibbs v. H.J. Heinz Company

Case Details

Full title:MARSHALL A. GIBBS, APPELLANT, v. H.J. HEINZ COMPANY, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 29, 1988

Citations

536 So. 2d 370 (Fla. Dist. Ct. App. 1988)

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