Case law

Wilson v. Salamon

923 So. 2d 363 · Supreme Court of Florida · Oct 20, 2005

Our record does not establish that an order was ever entered on this motion. … [n. 4] [n. 4] We construe the last sentence in this quote from Hall as a comment intended solely to illustrate what qualifies as good cause.

In Re: Amendments to the Florida Rules of Juvenile Procedure

Supreme Court of Florida · Jan 21, 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

Stogniew v. McQueen

656 So. 2d 917 · Supreme Court of Florida · May 4, 1995

In rejecting the application of collateral estoppel in that case, we stated that "the well established rule in Florida has been and continues to be that collateral estoppel may be asserted only when the identical issue has … While Stogniew was clearly interested in being vindicated by the administrative proceeding, she could not have been bound by the outcome.

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

State Ex Rel. Sch. Bd. of Martin Cty. v. Dept. of Ed.

317 So. 2d 68 · Supreme Court of Florida · Jul 16, 1975

Relator thereafter established its millage on February 12, 1975, at 6.3373 mills, the "required local effort" as previously established by the Department of Education *70 pursuant to § 236.081(5), Florida Statutes, as amended … qualify for state aid, whereas section 4 is directive in requiring that relator "...

Adams v. Board of Trustees of Internal Improvement Fund

37 Fla. 266 · Supreme Court of Florida · Jan 15, 1896

Adams in that office was relevant, in that it tended to establish the fact that Samuel T. … transac *293 tion between Mm and the deceased Adams, by which he turned over to the latter the coupons in dispute, he acted in the capacity of an agent for the defendant trustees, who were his principals, which put him clearly

Brumbley v. State

453 So. 2d 381 · Supreme Court of Florida · Jun 14, 1984

After being assured of use immunity by the state's counsel, Smith testified as the court's witness, saying that during appellant's absence he, Smith, shot Rogers. … At this point Smith had clearly become an adverse witness and had given testimony that was harmful to the state's case.

Texaco, Inc. v. Department of Transp.

14 Fla. L. Weekly 5 · Supreme Court of Florida · Jan 5, 1989

to holding the dealer was entitled to business damages, the trial court held that Texaco retained a sufficient interest in the property by virtue of its lease, sublease, and contractual agreements with the dealer to also qualify … That, in our view, was clearly not the intent of the legislature when it enacted section 73.071.

Lebron v. State

799 So. 2d 997 · Supreme Court of Florida · Aug 30, 2001

The court then recited the evidence related to Lebron's participation in the incident, concluding: The evidence in this case, through the testimony of the witnesses, clearly establishes beyond any reasonable doubt that Jermaine … While the more prudent course may have been for the trial judge to advise counsel prior to meeting with the juror in the presence *1017 of the bailiffs and the court reporter, no specific rule or case law clearly mandated

Safford v. McCaskill

157 Fla. 133 · Supreme Court of Florida · Mar 1, 1946

write, was without business experience and unaccustomed to business transactions, but that Lena Dean Safford, his wife, could read and write, was experienced in real estate transactions and business adventures and ably qualified … It is well established law in this jurisdiction that the burden and responsibility rests upon a plaintiff to allege and set out in his bill of complaint every fa'ct clearly and definitely that is necessary to entitle him

Department of State, etc. v. Florida Greyhound Association, Inc., etc.

253 So. 3d 513 · Supreme Court of Florida · Sep 7, 2018

Background The Florida Constitution establishes a Constitution Revision Commission (“CRC”), which convenes every twenty years. Art. XI, § 2(a), Fla. Const. … Absent these statutory requirements to conduct dog racing in order to maintain a current license in good standing, pari-mutuel permitholders in Broward County or Miami-Dade County would qualify to operate slot machines

State ex rel. Boyd v. Deal

24 Fla. 293 · Supreme Court of Florida · Jun 15, 1888

The purpose in the case before us was to revoke the éxisting government of a city and establish a municipality with altered powers, and in so far as both the time when the powers were to become operative and what they should … The proviso was clearly-intended as a compensation for the annexation, and stronger language could not be well selected to show that the Legislature intended the one to be subject to the condition stated in the other, and

Perez v. State

536 So. 2d 206 · Supreme Court of Florida · Dec 1, 1988

It appears that the child clearly and precisely said what happened to him. … In those cases where the hearsay is the primary evidence, showing both that the crime was committed and that it was committed by the defendant, it is imperative that the indicia of reliability be clearly established.

Volusia County Kennel Club v. Haggard

73 So. 2d 884 · Supreme Court of Florida · Jun 1, 1954

Permits to operate them are granted by the State Racing Commission but one track cannot now be established closer than 100 miles to another and wherever established they must be approved by the electorate of the county. … Since when did dog tracks become immunized from additional taxes? No one else is, and I can find nothing in the majority opinion that immunizes them except the fallacy that the Stewart Dry Goods case control.

Graham v. Haridopolos

38 Fla. L. Weekly Supp. 71 · Supreme Court of Florida · Jan 31, 2013

The constitutional systems of university governance in Michigan, 11 Minnesota, 12 and California 13 are clearly different than that in Florida. *608 CONCLUSION For the foregoing reasons, we hold that the constitutional source … XIII, § 3 (providing that "[a]ll the rights, immunities, franchises and endowments heretofore granted or conferred upon the University of Minnesota are perpetuated unto the university”); Minnesota v.

Eady v. Medical Personnel Pool

377 So. 2d 693 · Supreme Court of Florida · Nov 29, 1979

As a practical matter, the irregularity and suddenness of a call from the employer will almost always qualify it as a special errand exempt from the going and coming rule. … Even if the journey is not at a time unusual for that employee, if the destination is irregular the journey is clearly indicated to be a substantial part of the service.

James v. State

453 So. 2d 786 · Supreme Court of Florida · May 24, 1984

Agurs, 427 U.S. 97 , 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976), however, qualifies Brady's broad holding somewhat: [T]o reiterate a critical point, the prosecutor will not have violated his constitutional duty of disclosure unless … These circumstances clearly set the crime apart from the simple norm of an intentional murder. See Buford v.

Edward Allen Covington v. State of Florida

228 So. 3d 49 · Supreme Court of Florida · Aug 31, 2017

Krop opined that Covington qualified for both statutory mental health mitigators. … Lazarou did not believe that Covington qualified for either statutory mental health mitigator.

Allred v. State

35 Fla. L. Weekly Supp. 755 · Supreme Court of Florida · Dec 16, 2010

A middle school teacher testified that he had an IQ of at least 130 and qualified for gifted classes. … As previously stated, the record clearly shows that Allred had a high IQ, an A.A. degree, and high proficiency with computers.

State v. Tsavaris

394 So. 2d 418 · Supreme Court of Florida · Feb 12, 1981

We are not persuaded by Tsavaris's argument which is contrary to precedent established by the Supreme Court of the United States. … This clearly was a legal reception of a wire communication, and it therefore cannot be said that Dr.