Case law

May v. Illinois Nat. Ins. Co.

771 So. 2d 1143 · Supreme Court of Florida · Nov 16, 2000

Clearly, section 733.710 creates a self-executing, absolute immunity to claims filed for the first time, as here, more than 2 years after the death of the person whose estate is undergoing probate. … Prockup's petition and counter-petition clearly stated the basis of his claim-as personal representative of his wife's estate-against the Bradley Estate. Both the petition and counter-petition established that Mr.

Mobley v. Jack & Son Plumbing

170 So. 2d 41 · Supreme Court of Florida · Nov 4, 1964

Thus, we have diametrically opposed opinions from two, apparently, well-qualified doctors. Clearly, however, the deputy rejected the testimony of Dr. Baird, and accepted the theory advanced by Dr. Reinherz. … The instant case is clearly controlled by our decision in Kashin v. Food Fair, Inc., supra.

Les Krol v. FCA US, LLC

Supreme Court of Florida · Feb 18, 2021

This case thus comes down to whether, for purposes of the FTC’s single document rule, a binding arbitration agreement qualifies as an “informal dispute settlement mechanism elected by the warrantor in compliance with part … To achieve this purpose, the Federal Trade Commission (FTC) promulgated the “single document rule” to establish “minimum uniformity in warranty disclosures . . .

Kearse v. State

969 So. 2d 976 · Supreme Court of Florida · Aug 30, 2007

Lipman was not qualified to testify regarding his consultations with other experts about Kearse's psychological testing. … Accordingly, Kearse has not established that the motion for co-counsel would have been found meritorious on direct appeal and thus has failed to establish ineffective assistance of appellate counsel. B.

City of Tallahassee, Florida v. Florida Police Benevolent Association, Inc.

Supreme Court of Florida · Nov 30, 2023

But to “locate” a person is to “establish [that he or she is] in a certain place.” … But for the reasons we have articulated, there is no textual basis in Marsy’s Law for the idea that victims’ names are categorically immune from disclosure.

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report

235 So. 3d 322 · Supreme Court of Florida · Feb 1, 2018

The case plan must be written simply and clearly in English and the principal language of the young adult. … was ..... was not determined to qualify as indigent and ..... was ..... was not appointed an attorney. 6.

State of Florida v. Christopher Markus

42 Fla. L. Weekly Supp. 98 · Supreme Court of Florida · Jan 31, 2017

Stanton merely addressed whether an officer was protected under qualified immunity in a civil action seeking damages. 6 Thus, we are unpersuaded by the State’s reliance on Stanton for the proposition that the surrounding … Specifically, plaintiffs who file civil actions filed under 42 U.S.C. § 1983 (1996) must demonstrate that “(1) [a government official] violated a statutory or constitutional right, and (2) that the right was 'clearly established

Ivey v. Chicago Ins. Co.

410 So. 2d 494 · Supreme Court of Florida · Feb 11, 1982

Kast does not qualify as an uninsured motorist. … First, if the tortfeasor here had no liability insurance, petitioner clearly would be entitled to stack the uninsured motorist coverages of her policy and Mr. Vereeke's policy. We so held in Sellers v.

Florida Virtual School, etc. v. K12, Inc.

39 Fla. L. Weekly Supp. 569 · Supreme Court of Florida · Sep 18, 2014

The opinion of the Eleventh Circuit provides the relevant facts of the action filed by the Florida Virtual School against K12: Florida VirtualSchool was “established for the development and delivery … The board of trustees shall be a public agency entitled to sovereign immunity pursuant to s. 768.28, and board members shall be public officers who shall bear fiduciary responsibility for the Florida Virtual

City of New Smyrna Beach v. State

132 So. 2d 145 · Supreme Court of Florida · Jun 8, 1960

This Court held that the power to establish and operate the plant “would certainly imply the means to effect all powers expressly granted.” … It required that such bonds be approved by the qualified electors and they were limited in amount to a percentage of the assessed valuation of taxable property.

Davis v. State

34 Fla. L. Weekly Supp. 605 · Supreme Court of Florida · Nov 5, 2009

However, permitting a newly discovered evidence claim to proceed to an evidentiary hearing does not establish that the recanted testimony qualifies as newly discovered evidence as a matter of law. … Thus, the motion clearly demonstrates that Davis has no sufficient allegations to support this claim.

International Harvest. Cr. v. American Nat. Bk.

296 So. 2d 32 · Supreme Court of Florida · Feb 13, 1974

Therefore, the majority answer to Question II is not, as characterized, a qualified "yes"; it is an absolute "no". … Although there are a few exceptions, they are very clearly and definitely stated.

Carter v. Bennett

4 Fla. 283 · Supreme Court of Florida · Jan 15, 1852

The word “ only,” in the first section, qualifies the duty of charging-^no new duty is imposed. … It is assigned in the thirteenth place for error that the third instruction asked was qualified by the Judge below.

Cruller v. State

808 So. 2d 201 · Supreme Court of Florida · Jan 24, 2002

The First District summarized the facts in Ward as follows: [T]he evidence established that the victim had parked her vehicle in the lot of a store, and then went into the store to do some shopping. … Clearly, the takings can be separated. Yet, we also note that case law and logic dictates that these takings were, in reality and by their propinquity, a continuous transaction of an armed robbery of one victim.

Monlyn v. State

705 So. 2d 1 · Supreme Court of Florida · Oct 9, 1997

We find no abuse of discretion in allowing the testimony: the medical examiner was qualified to testify as to the nature and extent of the blows. Even if there was error here, it would clearly have been harmless. … However, the facts of this case established that the murder was committed while Monlyn was engaged in the commission of both robbery and kidnapping.

Hill v. State

10 Fla. L. Weekly 324 · Supreme Court of Florida · Jun 20, 1985

Although counsel introduced evidence that Jackson and Munson received immunity from prosecution *1260 for the murder, he did not bring out at trial that Jackson had a substantial criminal history and that police had dropped … Under the well-established principles of law regarding competence to stand trial, the factual circumstances in this case clearly require such a hearing.

Jones v. State

813 So. 2d 22 · Supreme Court of Florida · Jan 24, 2002

In addition, treatment and intensive surveillance, rather than incarceration, is available to defendants who qualify based on the nonviolent nature of the crime with which they are charged and their status as chronic substance … This Court in Disbrow cited to section 775.084, Florida Statutes (1991), as an example of a statute which provided a sentencing alternative. [8] Clearly, section 948.01(13), Florida Statutes (Supp.1998), contrary to the majority's

State v. Elder

382 So. 2d 687 · Supreme Court of Florida · Apr 3, 1980

California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973), a form of expression unprotected in the public forum, because the statute could nevertheless contravene the first amendment in failing to contain the essential qualifying … The United States Supreme Court has thus clearly established that the privacy interest of a person may be accorded greater protection within the sanctum of the home or other private place than it may be accorded in the public

Sun Insurance Office, Limited v. Clay

133 So. 2d 735 · Supreme Court of Florida · Oct 18, 1961

filed in a period shorter than five years applicable to a personal property, world-wide, all-risks, floater insurance policy under the following circumstances: the policy was applied for in Illinois from a British company, qualified … It is not endowed with any common-law prerogative outside of the boundaries established by organic law. Certainly, the appellate jurisdiction is clearly defined. Its original jurisdiction is stated with equal clarity.

Sims v. State

754 So. 2d 657 · Supreme Court of Florida · Feb 16, 2000

Assuming the defendant's evidence meets the threshold requirement by qualifying as newly discovered, no relief is warranted if the evidence would not be admissible at trial. … An act will not be declared unconstitutional unless the Legislature has clearly exceeded its powers.