Case law

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.

English v. State

31 Fla. 340 · Supreme Court of Florida · Jan 15, 1893

State, 16 Wis., 255 so clearly expresses the law on this point that we quote it. … The Legislature of North Carolina passed an act in 1885 to establish a Criminal Circuit Court, to be composed of the counties of New Hanover and Mecklenburg, and directed that the County Commissioners of each of said counties

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.

Mathews v. Ranger Insurance Company

281 So. 2d 345 · Supreme Court of Florida · Jun 13, 1973

"There is no reason why such policies cannot be phrased so that the average person can clearly understand what he is buying. … However, that general rule is qualified where reliance on the provisions of the application would result in greater indemnity. Joseph Uram Jewelers, Inc. v. Liberty Mut. Fire Ins.

Paul Durousseau v. State of Florida

42 Fla. L. Weekly Supp. 124 · Supreme Court of Florida · Jan 31, 2017

To establish deficiency, a defendant must first specifically identify acts or omissions of counsel that were manifestly outside the wide range of reasonably competent performance under prevailing professional norms. … We reiterate: The test is not a sufficiency-of-the-evidence, a correct result, a not clearly wrong, a substantial evidence, a more probable than not, a clear and convincing, or even an overwhelming evidence test.

Village of Tequesta v. Jupiter Inlet Corp.

371 So. 2d 663 · Supreme Court of Florida · May 3, 1979

It belongs to the overlying owner in a limited sense, that is, he has the unqualified right to capture and control it in a reasonable way with an immunity from liability to his neighbors for doing so. … Jupiter, in serving a 120-unit condominium, does not qualify as an individual user and thus must secure a permit in order to draw water from beneath its property.

City of Winter Haven v. State Ex Rel. Landis

125 Fla. 392 · Supreme Court of Florida · Oct 10, 1936

All persons residing within the old territorial limits of the City shall be duly qualified voters under the charter and ordinances of the city, for general elections, shall have a right to vote at said election, and all persons … This intent is clearly shown by the language of Section 8.

The Florida Bar v. TIKD Services LLC, A Foreign Limited Liability Company, and Christopher Riley, individually and as Founder of TIKD Services, LLC

Supreme Court of Florida · Oct 14, 2021

The respondent has shown no other means of producing income other than by the providing of legal services which is clearly the practice of law. … Although TIKD’s customers ultimately appear to establish an independent attorney-client relationship with one of TIKD’s contractually retained lawyers, the other two factors are clearly not met.

Provenzano v. State

750 So. 2d 597 · Supreme Court of Florida · Sep 23, 1999

Fleming qualifies as an expert in clinical psychology. Provenzano also claims that Florida Rule of Criminal Procedure 3.811 is unconstitutional. … Fleming's brief testimony established that while she has experience in mental health, she is not a clinical psychologist, at least not as that term is used in Florida.

Public Health Tr. of Dade Cty. v. Lopez

531 So. 2d 946 · Supreme Court of Florida · Jun 9, 1988

Until 1985, the homestead protection was limited to those persons who qualified under the constitutionally designated term "head of a family." See art. X, § 4, Fla. Const. (1983). … Accordingly, the property and residences in question clearly fit within the definition of "homestead" under section 4(a)(1), as amended.

State Ex Rel. Comfort v. Leatherman

99 Fla. 899 · Supreme Court of Florida · Apr 23, 1930

R. 929), and especially when established by long usage (Bloxham v. Consumers Electric Light Co., 36 Fla. 519 , 18 So. R. 444, 51 A. S. R. 44). … Our conclusion is that this departmental construction is clearly justified by the language of the statute.

Reed v. Fain

145 So. 2d 858 · Supreme Court of Florida · Oct 19, 1962

The facts in the Dunphe case established that: The fee simple title was at all times vested in Mrs. … Clearly such an interest is not "vested", legally speaking, until the death of the head of the family.

State v. Casal

410 So. 2d 152 · Supreme Court of Florida · Jan 14, 1982

Two distinct and well-established exceptions to the warrant requirement, the " Carroll " exception and the search-incident-to-arrest exception, apply here. In Carroll v. … NOTES [1] 371.58 Safety inspections; qualified. — No officer shall board any vessel to make a safety inspection if the owner or operator is not aboard.

Grubbs v. State

373 So. 2d 905 · Supreme Court of Florida · Jul 26, 1979

Clearly a probationer should not enjoy the same status as an ordinary citizen. … By reason of the probationer's status, however, these rights are qualified rights.

Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas

Supreme Court of Florida · Dec 30, 2025

Hence, a man who gives away his dead brother’s frozen sperm would not qualify as the donor. So far, so good. 19 But this is where we part ways. … See Simmonds, 247 So. 3d at 402 (“[T]he party seeking to establish paternity in someone other than the mother’s husband must establish by clear and convincing evidence that overcoming the presumption of legitimacy, and having

Patrick Albert Evans v. State of Florida

40 Fla. L. Weekly Supp. 700 · Supreme Court of Florida · Nov 12, 2015

[The State is] not qualifying him as some sort of expert with voice waves and all that. … Circumstantial evidence, however, establishes a lack of consent because every other reasonable hypothesis can be excluded.

Chrysler Corp. v. Wolmer

499 So. 2d 823 · Supreme Court of Florida · Nov 26, 1986

The plaintiffs at trial established through testimonial and documentary evidence that Chrysler marketed the car knowing that it contained defects in design likely to cause death or serious injury. … A qualified expert testified that failure to conduct more accurate tests after being put on such notice constituted "an atrocious violation of accepted practices in safety engineering" demonstrating "a reckless disregard

In Re AMENDMENTS TO the RULES REGULATING THE FLORIDA BAR (BIENNIAL REPORT)

39 Fla. L. Weekly Supp. 359 · Supreme Court of Florida · May 29, 2014

- 40 -  Documents and other items of evidence are often essential to establish a claim or defense. … ESTABLISHMENT RULE 14-1.2 JURISDICTION (a) Fee Arbitration.

Swafford v. State

679 So. 2d 736 · Supreme Court of Florida · Jul 11, 1996

Clearly a defendant is only entitled to a new trial where the requirements of rule 3.600(a)(3) are satisfied. … Another testified that she saw Swafford hide the gun in a wastepaper basket in the women's room. [6] To qualify as newly discovered evidence, "the asserted facts `must have been unknown by the trial court, by the party, or

Gore v. Harris

772 So. 2d 1243 · Supreme Court of Florida · Dec 8, 2000

These statutes established by the Legislature govern our decision today. … Clearly, the only remedy authorized by law would be a statewide recount of more than 170,000 "no-vote" ballots by *1273 December 12.