Case law

Lonergan v. Peebles

77 Fla. 188 · Supreme Court of Florida · Feb 18, 1919

I explained to him very clearly that it was my only way of paying those mortgages. Money was hard to get, and that was my only collateral. Q. … Smithwick to Lonergan & Kendrick Realty Company was a qualified endorsement, but it carried with it under the Negotiable Instruments Law of this State the warranty of Mr.

Murray v. State

838 So. 2d 1073 · Supreme Court of Florida · Oct 3, 2002

Even the State's expert, DeGuglielmo, testified that in order for DNA testing to be generally accepted as reliable within the scientific community, there must be an independent review by a second qualified analyst. … In addition, there is a concession that the established protocol for testing and evaluating the evidence was not followed.

Kilpatrick v. State

376 So. 2d 386 · Supreme Court of Florida · Jul 18, 1979

Medical testimony at trial established that her death was caused by either of two blows to the head. The victim and Chester Coxwell, her husband, owned and operated a successful bait and tackle shop. … Hughley's testimony clearly refuted Kilpatrick's accessory-after-the-fact theory, revealing that when they arrived at Mrs.

Florida Dept. of Corrections v. Abril

32 Fla. L. Weekly Supp. 635 · Supreme Court of Florida · Oct 18, 2007

Distinguishing Gracey Finally, this case is clearly distinguishable from Gracey, 837 So.2d 348 . … Department . . . for the purposes of . . . section [768.28, Florida's sovereign immunity waiver statute], while acting within the scope of and pursuant to guidelines established in said contract or by rule.

State v. Florida Nat. Properties, Inc.

338 So. 2d 13 · Supreme Court of Florida · Jul 14, 1976

"(d) Actual on-site examination of the terrain (landward and lakeward of the existing waterline) and of plant life, including upland and aquatic, by qualified personnel and the other physical indications *15 of present and … The record is replete with evidence which clearly shows that the Trustees have repeatedly asserted this Statute as their authority for the State's claim to the 41.6 contour line.

Delap v. State

440 So. 2d 1242 · Supreme Court of Florida · Sep 15, 1983

We agree with the trial judge that the evidence clearly shows the voluntary nature of the statement. … Certainly, the unlawful arrests did not serve to immunize the appellants from prosecution. United States v.

Advisory Opinion to the Attorney General

22 Fla. L. Weekly Supp. 271 · Supreme Court of Florida · May 15, 1997

The issue of property rights clearly affects the powers of the legislature. The legislative branch is empowered to enact legislation which establishes standards and criteria for regulating the use of land. … Clearly, the initiative has an impact on articles and sections of the constitution other than the sections of article VII set forth in the summary.

Dryden v. Madison County

727 So. 2d 245 · Supreme Court of Florida · Jan 21, 1999

O'Connor, 223 U.S. 280 , 32 S.Ct. 216 , 56 L.Ed. 436 (1912)], or because the taxpayers were absolutely immune from the tax, as were the Indian Tribes in [ Ward v. … The evidence in this case does not establish that the County acted within the "good faith" parameters of Gulesian .

Darious Wilcox v. State of Florida & Darious Wilcox v. Secretary, Department of Corrections

Supreme Court of Florida · May 21, 2026

Stat. (2011) (listing robbery and kidnapping as qualifying offenses for purposes of the aggravator); Gaskin v. State, 16. … United States, 411 U.S. 223, 229 (1973) (“Simmons has removed the danger of coerced self-incrimination.”); Salvucci, 448 U.S. at 88, 94 (explaining that Simmons granted a form of “use immunity” or “privilege” in connection

King v. Cutter Laboratories

714 So. 2d 351 · Supreme Court of Florida · Sep 30, 1998

King was a hemophiliac who died of Acquired Immune Deficiency Syndrome (AIDS). It is alleged that Mr. … The trial judge was clearly influenced, at least in part, by the following exchange: [DEFENSE ATTORNEY]: Then I'll stop.

Kim Jackson v. State of Florida

40 Fla. L. Weekly Supp. 451 · Supreme Court of Florida · Aug 27, 2015

The record does not clearly state when the identification was made. … Clearly the jury rejected the Defendant’s claim of alibi when it found him guilty of Premeditated First Degree Murder.

Larry Darnell Perry v. State of Florida

41 Fla. L. Weekly Supp. 449 · Supreme Court of Florida · Oct 14, 2016

The amendments to section 921.141 clearly require the jury to explicitly find at least one aggravating factor unanimously. … The burden of proof is not inverted—the State still must prove the requisite facts beyond a reasonable doubt to establish the same elements as were previously required under the prior statute.

Geo. W. Robinson & Co. v. Hyer Bros.

35 Fla. 544 · Supreme Court of Florida · Jan 15, 1895

Testimony should not be admitted to prove *570 that a contract, clearly expressed, means a different thing from that which is so expressed.” … Indemnity on the cargo was clearly recoverable as damages for a breach of the contracts between plaintiffs and defendants, and, as before stated, we are impressed with the view that the testimony establishes the fact that

The Florida Bar v. Simring

18 Fla. L. Weekly Supp. 73 · Supreme Court of Florida · Jan 21, 1993

The evidence provided by [The Florida Bar] falls short of establishing those requisite elements. … We find that the respondent has failed to show that the challenged findings are clearly erroneous or lacking in evidentiary support.

In Re: Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion

Supreme Court of Florida · May 26, 2016

The petitioner requests that the parents, if able, be ordered to pay fees for the care, support, and maintenance of the child(ren) as established by the department under chapter 39, Florida Statutes. 11. … consent for and to obtain ordinary and necessary medical and dental treatment and examination for the above child(ren) including blood testing deemed medically appropriate, and necessary preventive care, including ordinary immunizations

State ex rel. Lunig v. Johnson

71 Fla. 363 · Supreme Court of Florida · Mar 28, 1916

from one to five inclusive, and each district shall be as nearly as possible equal in proportion to population, and thereafter there shall be in each of such districts a county commissioner, who shall be elected by the qualified … VIII of our constitution is not very clearly defined in the briefs for the respondents, unless it be, as is somewhat vaguely intimated in said briefs, that the whole of said Chapter 6883 conflicts with said Section 5 of Art

In re Advisory Opinion to the Governor

247 So. 2d 428 · Supreme Court of Florida · May 7, 1971

(Emphasis supplied) Clearly, it was the intent of the Legislature to establish a procedure and not to change the substantive law relative to ad interim appointments. *433 Subsection (1) (b), of Chapter 70-439, quoted in your … It is important that he be allowed to exercise a freedom of choice in selecting those appointees whom he feels are qualified, as the people look to him for leadership in the operation of their government.

State v. Espinosa

686 So. 2d 1345 · Supreme Court of Florida · Dec 26, 1996

For the reasons expressed, we answer the question in the qualified affirmative, finding that resisting arrest without violence is a permissive lesser-included offense of resisting arrest with violence. … Clearly, in this case there was some evidence regarding the legality of the arrest. Thus, the trial judge properly gave the instruction on the lesser-included offense of resisting arrest without violence.

Ponder v. Moseley

2 Fla. 207 · Supreme Court of Florida · Jan 15, 1848

An application was made for letters of administration during the absence of the executor who had ‘duly proved the will of the testator, and qualified as executor thereto, which was granted by the Court of Ordinary in the … Such is their effect between the parties to the suit, and such are the immunities which the law affords to a plaintiff who has obtained an erroneous judgment or execution.

Victor Villanueva v. State of Florida

41 Fla. L. Weekly Supp. 319 · Supreme Court of Florida · Jul 7, 2016

However, after considering Justice Par-iente’s concurring in part and dissenting in part opinion, I ultimately disagree with the majority’s conclusion that the special condition imposed below violated conditions established … The Third District correctly noted that section 948.30 does not clearly provide an answer to the question posed to this Court: whether any of the enumerated conditions in the statute can be imposed upon a person who has not