Case law

City of Pinellas Park v. Brown

604 So. 2d 1222 · Supreme Court of Florida · Jul 23, 1992

Here, "rational bounds" clearly were exceeded under the facts alleged. … Sovereign Immunity The next question is whether the police were immune from liability notwithstanding the duty placed upon them by the law.

Provident Mgmt. Corp. v. TREASURE ISLAND

796 So. 2d 481 · Supreme Court of Florida · May 24, 2001

In this case, the equities clearly weigh in favor of the result we reach. … Despite the fact that the court's order did not expressly stipulate that the City would pay damages if the injunction ultimately was reversed, this condition of granting the injunction clearly was within the contemplation

Hargrove v. Town of Cocoa Beach

96 So. 2d 130 · Supreme Court of Florida · Jun 28, 1957

Fortune, 3 Fla. 19 , the Men of Devon decision was very clearly explained and distinguished. … We here merely recede from the prior cases in order to establish a rule which we are convinced will be productive of results more nearly consonant with the demands of justice.

Bennett v. St. Vincent's Medical Center, Inc.

71 So. 3d 828 · Supreme Court of Florida · Jul 7, 2011

No party in this case contends that the statute provides immunity from suit to physicians practicing obstetrics for alleged malpractice occurring during labor and delivery; rather, the immunity is narrowly circumscribed by … his conclusions and that their expert was more qualified to render an opinion regarding the timing of the injury.

M.M., etc. v. Florida Department of Children and Families

41 Fla. L. Weekly Supp. 141 · Supreme Court of Florida · Apr 14, 2016

It does not follow that the removal of these orders from the rule automatically qualifies them as appealable final orders under rule 9.110. … ; (vi) whether to certify a class; (vii) that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law; (viii) that a governmental entity has taken action

Sheiner v. State

82 So. 2d 657 · Supreme Court of Florida · Jul 29, 1955

The charges were clearly proven as to some of them; as to others they were admitted or not controverted, or there was no showing why the order made was improper. … His immorality was then established. He had the constitutional right to invoke the immunity provisions of the fundamental law, but by so doing, he made his choice or election.

State Ex Rel. Jones v. Wiseheart

245 So. 2d 849 · Supreme Court of Florida · Mar 11, 1971

Clearly, Section 2 of Article V contains no express prohibition against the enactment in question; nor do we think it can be interpreted as impliedly prohibiting such legislative action. … temporary assignments of justices and judges for judicial service it was intended to exclude all other officials and bodies from the exercise of this power, the end result would be that the circuit judges of this state are immunized

Firstamerica Dev. Corp. v. Daytona Beach N.-J. Corp.

196 So. 2d 97 · Supreme Court of Florida · Dec 7, 1966

from civil or criminal prosecution, but was simply intended to secure to the conductors of the press the same rights and immunities, and such rights and immunities only, as were enjoyed by the public at large." … It is a qualified right, since it is not construed as permitting press licentiousness or freedom from reponsibility for what is published.

Tribune Co. v. Huffstetler

11 Fla. L. Weekly 246 · Supreme Court of Florida · Jun 5, 1986

Tunstall's source would clearly be the proper party to challenge section 112.317(6) should that source ever be charged under the statute. … Court correctly declines to reach the question of the statute's possible unconstitutionality but reaches a similar result by weighing the interest sought to be protected by the statute against the reporter's interest in immunity

Herzfeld v. Herzfeld

781 So. 2d 1070 · Supreme Court of Florida · Mar 15, 2001

Capitell, 539 So.2d 264, 266 (Ala.1989) ("Because the [parental immunity] doctrine was judicially created, it is not exclusively a legislative issue and it may be judicially qualified."); Goller v. … Hartman, 821 S.W.2d 852, 855-57 (Mo.1991). [7] Thirty-two states have established exceptions to the doctrine.

Amendments to Rules of the Supreme Court Relating to Admissions to the Bar

843 So. 2d 245 · Supreme Court of Florida · Mar 20, 2003

The Board has petitioned to amend or create these rules: rule 1-14.1 (purpose of background investigations); rule 1-65 (disclosure of information); rules 1-70, 1-71, and 1-72 (immunity and privilege); rule 2-10 (application … Indeed, the undoubtable final conclusion was that each of the panels clearly condemned the current pass/fail line.

Olive v. Maas

811 So. 2d 644 · Supreme Court of Florida · Feb 14, 2002

or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. § 86.011, Fla Stat. (2000). … Obviously, the Makemson standard clearly envisions an "as applied" analysis.

Higgins v. State Farm Fire and Cas. Co.

894 So. 2d 5 · Supreme Court of Florida · Sep 30, 2004

of any "immunity, power, privilege, or right" but also in suits solely seeking a determination of any fact affecting the applicability of an "immunity, power, privilege, or right." … This clearly invokes the court's jurisdiction under section 86.011(2) and not section 86.021.

Routly v. State

590 So. 2d 397 · Supreme Court of Florida · Oct 17, 1991

We also find that Routly has failed to establish that counsel was ineffective in the guilt phase of trial. … State, 398 So.2d 432, 438 (Fla. 1981) (jury recommendation "should not be overruled unless, based on the aggravating circumstances and the lack of mitigating circumstances, a sentence of death is clearly appropriate").

State Board of Funeral Directors & Embalmers v. Cooksey

147 Fla. 337 · Supreme Court of Florida · May 30, 1941

It is of importance to all that such a business be conducted properly and only by those who are qualified to carry out its responsibilities. … Powell and was, therefore, clearly admissible.” So, in this case the evidence as to the entire transaction which culminated in the preparation and shipment of the body from St.

Bryant v. Gray

70 So. 2d 581 · Supreme Court of Florida · Feb 23, 1954

We have held that the moving party should show a doubt as to the existence or nonexistence of some right, status, immunity, power or privilege. Caldwell v. North, 157 Fla. 52 , 24 So.2d 806 ; Ready v. … Holley, Fla., 59 So.2d 636, 639 , we held that "Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a bona fide, actual, present practical need for the declaration

Anthony Newton v. Caterpillar Financial Services Corporation

253 So. 3d 1054 · Supreme Court of Florida · Sep 27, 2018

impression that the Sherrill court concluded that a crane is a dangerous instrumentality seems to arise from this language: [H]ad [the crane owner] simply leased the crane to [the general contractor], it would clearly … The Thomas court addressed and rejected a specific, narrow argument that the tow motor was not being operated in public and, therefore, could not qualify as a dangerous instrumentality. Id.

Dickinson v. Stone

251 So. 2d 268 · Supreme Court of Florida · Aug 3, 1971

It is not for us to immunize one executive officer's enclave or official domain from an overall regulation of all agencies as a territorial whole where there is no demonstrated interference with such officer's constitutional … This new constitutional provision clearly recognizes the right of the Legislature to qualify, explain, and restrict items of appropriation in the General Appropriations Act.

City of Miami v. Bethel

65 So. 2d 34 · Supreme Court of Florida · Apr 28, 1953

municipality has been held liable for the unlawful commission by its agents of an act otherwise lawful, recovery has been confined to those cases where the act attempted and the unlawful manner of its execution have been clearly … The principle of municipal nonliability while acting in a purely governmental capacity which was established in the long, long ago has become archaic and is now outmoded.

Johnston v. State

11 Fla. L. Weekly 585 · Supreme Court of Florida · Nov 13, 1986

Clearly, the trial court was correct in concluding that Johnston would not receive a fair trial without assistance of counsel. … Although never qualified as an expert, Officer Ostermeyer was an evidence technician and a member of the Orlando Police Department for twelve years.