Case law

Reams v. State

279 So. 2d 839 · Supreme Court of Florida · Jul 5, 1973

Clearly prosecutor attempted to diagnose the `physical condition' of the witnesses and to ascribe a cause for its existence and prescribe for such condition. … The testimony of the state's witnesses established no such connection. The record fails to support defendant's claim in this regard.

Crown Life Ins. Co. v. McBride

12 Fla. L. Weekly 549 · Supreme Court of Florida · Nov 5, 1987

An exception to the general rule is the doctrine of promissory estoppel, a qualified form of equitable estoppel which applies to representations relating to a future act of the promisor rather than to an existing *662 fact … Furthermore, to support a finding of equitable estoppel the facts necessary to constitute it must be shown with certainty and not taken by argument or inference, nor supplied by intendment, but clearly and satisfactorily

Clinton v. State

53 Fla. 98 · Supreme Court of Florida · Jan 15, 1907

defendants then and there renewed their objections, on the grounds that the said witness was incompetent, and that his answers to said questions demonstrated that he knew nothing of the obligations of an oath, and was not qualified … However, where an abuse of this discretion is clearly shown, especially in a criminal prosecution, an appellate court will interfere in the furtherance of justice.

The Florida Bar v. St. Louis

967 So. 2d 108 · Supreme Court of Florida · May 3, 2007

Louis, who the referee stated was among the most qualified Benlate plaintiffs' lawyers in the world, unavailable to future claimants. … Louis to disgorge his prohibited fee to the Clients' Security Fund is in accord with the three well-established principles that this Court has set for attorney discipline.

O.I.C.L., a Minor Child v. Florida Department of Children and Families

41 Fla. L. Weekly Supp. 405 · Supreme Court of Florida · Sep 22, 2016

Moreover, section 39.01(15) clearly specifies that a “ ‘[c]hild who is found to be dependent’ means a child.” … and his uncle did not establish that O.I.C.L. had a parent or legal custodian capable of providing supervision and care.

Cruce v. State

87 Fla. 406 · Supreme Court of Florida · Apr 15, 1924

The law of the case, as applied to the facts, was clearly stated in charges given by the. court to the jury who were fully instructed in the law of self defense. … Chavous, the attorney for the defendant, had told him what to say, the court ruled that the witness was not qualified. *416 ■ There was no error in that ruling.

In re Florida Bar

317 So. 2d 754 · Supreme Court of Florida · Jul 30, 1975

Balaban act as referee and that he hold such hearings and take such testimony as necessary to establish the facts of this case. … “The transcript of the December 2, 1974 closet ‘hearing’ AND Reverend Balaban’s Report clearly support the foregoing.)

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-02

152 So. 3d 475 · Supreme Court of Florida · Sep 11, 2014

“Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. Definition. Patterson v. … The law gives the grand juror complete immunity for official acts.

Dobbert v. State

409 So. 2d 1053 · Supreme Court of Florida · Jan 28, 1982

Any other result, we think, would establish a rule wholly at odds with the peremptory challenge system as we know it. 380 U.S. at 221-22 , 85 S.Ct. at 836-37 . … Because of the substantial differences between the sentencing procedures of Florida and Missouri, Bullington is clearly distinguishable from the present case.

State v. City of Tampa

137 Fla. 29 · Supreme Court of Florida · Mar 11, 1939

, contagious and pestilential diseases, from impure water, bad food, nuisances injurious to health and comfort, noxious odors and gases, unusual noises, etc., are uniformly liberally construed by the courts, and, unless clearly … The certificate shows 6,375 qualified electors and freeholders in the City of Tampa and entitled to participate in the election.

Stefanos v. Rivera-Berrios

673 So. 2d 12 · Supreme Court of Florida · Feb 15, 1996

establish standing to intervene in this ongoing adoption proceeding. … Apparently, the majority is holding that the first qualified person to file for adoption wins.

Gillespie v. Anderson

123 So. 2d 458 · Supreme Court of Florida · Sep 30, 1960

Regardless of this refusal claimant employed the services of a concededly qualified neurosurgeon who proceeded to make a thorough examination of claimant's condition. … The evidence falls far short from establishing in the slightest degree that claimant worked more or less regularly after January 10, 1957, as found by the deputy.

Doggett v. Hart

5 Fla. 215 · Supreme Court of Florida · Jul 1, 1853

Besides these general considerations, which indicate clearly that Mrs. … The expressions *230 which qualify the expression here used by Lord liedesdale, that this doctrine in hrtcl in most cases, do not any of them embrace the case of Mrs.

Dailey v. State

965 So. 2d 38 · Supreme Court of Florida · May 31, 2007

His unsubstantiated accusations also fail to establish that the prosecutor knowingly presented false testimony. … In his petition, Dailey candidly admits that "the weight of the case law clearly is against" this argument. Dailey states that the arguments "are made to preserve the issues."

Weinstein v. State

151 Fla. 287 · Supreme Court of Florida · Aug 4, 1942

The qualifications of the appellants, both pre-legal and subsequent legal training, *291 under usual conditions, should well qualify each of the appellants for the practice of the law. … Attorneys, when drafting a bill of complaint in a divorce suit, are required to allege every fact clearly, accurately, and definitely so as to contain or charge the essential elements of any of the nine grounds for divorce

Sealey v. Thomas

6 Fla. 25 · Supreme Court of Florida · Jan 15, 1855

The former is clearly based upon principles of justice and sound policy, as is demonstrated by the reasons assigned for it in the books. … And with such precedent before ús, we are admonished to beware of rashly trenching upon a well established canon of the common law, as announced by its early sages.

St. Mary's Hospital, Inc. v. Phillipe

769 So. 2d 961 · Supreme Court of Florida · Jun 29, 2000

Before the Medical Malpractice Act was implemented, the Legislature established an Academic Task Force for Review of the Insurance and Tort Systems. … Likewise, cases interpreting section 768.28, which waives Florida's sovereign immunity in tort actions, have held that the several claims of all persons entitled to recover for a wrongful death are separate and should be

Perry v. Woodberry

26 Fla. 84 · Supreme Court of Florida · Jan 15, 1890

If explanatory, it is so in the sense that it proposes to take out of the bond that which is clearly within the legal effect of its terms; or, as may be said, to explain the bond away, and thus make a different contract from … does not prevent joining with him the person for whose henefit the suit is instituted, and consequently there was no error in joining the Board of Public Instruction as has been done in this case, in accordance with a well established

Edward J. Zakrzewski, II v. Julie L. Jones, etc.

42 Fla. L. Weekly Supp. 615 · Supreme Court of Florida · May 25, 2017

Hence, the majority, in direct violation of the law and our decision in Tedder has substituted its subjective analysis of the facts for the views of the sworn and death-qualified jurors, who not only could have had reasonable … disturb .Zakrzewski’s other two “bare majority” death sentences, recognizing that judicial overrides warrant relief under Hurst would afford relief to the two other pre-Ring defendants whose sentences were the product of the clearly

Florida Bar v. Rose

187 So. 2d 329 · Supreme Court of Florida · Mar 16, 1966

But after evidentiary facts are established by formal trial, the conclusions and legal opinions which may be based thereon are properly within the scope *332 of the board. … The board was as qualified as the referee to determine whether permitting the case to remain in the pleading stage for over two and one-half years and to be dismissed for lack of prosecution, as shown by the record, was diligent