Case law

Fassoulas v. Ramey

450 So. 2d 822 · Supreme Court of Florida · Jan 19, 1984

Two points are clearly germane. … Congenital physical abnormalities, on the other hand, are clearly established in the record.

Gulf Power Company v. Bevis

296 So. 2d 482 · Supreme Court of Florida · Jun 13, 1974

No group, including utilities, is immune to the burden of taxes. All must share the cost of government. … The records of this Court show that it has always stood ready to correct any unfair rate base established by the Respondent-Commission.

Klinger v. Milton Holding Co.

136 Fla. 50 · Supreme Court of Florida · Mar 10, 1938

As I recall, the bill was filed, that is the bill establishing the case in which this affiadvit was filed, in the early part of the year 1931. * * * “Q. … It was also said in this case, Text page 192: “The qualifying phrase, ‘specifying as particularly as may be known to affiant such residence’ was first added to the statute in 1892.

Selden v. City of Jacksonville

28 Fla. 558 · Supreme Court of Florida · Jun 15, 1891

Still this doctrine has been so firmly established as law, based upon the principle of the rights of the State in highways and the immunity of itself, and of governmental agencies acting for it and for the benefit of the … These extracts clearly sustain the assertion in behalf of which they are invoked.

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

Pawley v. Pawley

46 So. 2d 464 · Supreme Court of Florida · Apr 6, 1950

It is the writer's firm conviction that the public policy as clearly established by legislative action is a liberal one. … Kreiger clearly establish and uphold the theory of "divisible divorce" although the expression actually used is — "ex parte" divorce. The dissenting opinion by Mr. Justice Jackson in Rice v.

State of Florida v. Sullivan

95 Fla. 191 · Supreme Court of Florida · Feb 14, 1928

The word "all" as used in said Section 25 clearly has reference to and limits quantity of litigation. It does not affect classification or degree of litigation. … Two or more courts may have concurrent jurisdiction of the same subject matter, and the rule is well settled that when the Constitution or the statute in specific terms vests jurisdiction in any tribunal without the qualifying

Sullivan v. State

303 So. 2d 632 · Supreme Court of Florida · Nov 27, 1974

It is well-established law that where the trial judge has extended counsel an opportunity to cure any error, and counsel fails to take advantage of the opportunity, such error, if any, was invited and will not warrant reversal … dissenting opinions suggest that the Fifth Amendment's Double Jeopardy Clause would apply to bar the reprosecution of a defendant whose mistrial is occasioned *637 by prosecutorial overreaching. [1] The Jorn decision is qualified

Godwin v. State

593 So. 2d 211 · Supreme Court of Florida · Jan 2, 1992

Some of these legal consequences may, but others clearly are not. … In some circumstances, they may be tested for acquired immune deficiency syndrome (AIDS) without their consent. § 381.609(3)(i)(3), Fla. Stat. (Supp. 1990).

Booker v. State

773 So. 2d 1079 · Supreme Court of Florida · Oct 5, 2000

The facts established during the guilt phase of Booker's trial are set forth in Booker v. … Pepper, and, therefore, the trial court clearly erred in finding the State's reason to be genuine.

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

Supreme Court of Florida · Mar 26, 2015

(3) Assessment by Qualified Evaluator. … 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. 911.

Moore v. City Dry Cleaners Laundry

41 So. 2d 865 · Supreme Court of Florida · Jul 26, 1949

However, picketing for an unlawful purpose or accompanied by threats, force, violence, coercion or intimidation enjoys no such immunity. American Steel Foundries v. … Paragraph 2 of the decree appealed from is clearly subject to modification or elimination under the rules just stated, because of the indefinite and uncertain language in which it is framed.

In Re Guardianship of Browning

568 So. 2d 4 · Supreme Court of Florida · Sep 13, 1990

Id. at 274 . [1] We answer the question in the affirmative as qualified in this opinion. I. … We are hopeful that this decision will encourage those who want their wishes to be followed to express their wishes clearly and completely.

Roberson v. FLA. PAROLE & PROBATION COM'N

444 So. 2d 917 · Supreme Court of Florida · Sep 15, 1983

His grievance with the procedure concerned the use by the Commission of allegedly false information in establishing his release date. … Furthermore, following Moore , this Court laid to rest the Commission's argument that it is a creature of the executive branch and immune to the dictates of the legislature. Owens v. State, 316 So.2d 537 (Fla. 1975).

Palm Beach Junior College v. United Faculty

10 Fla. L. Weekly 450 · Supreme Court of Florida · Aug 30, 1985

Such "impact bargaining" is normally required unless the union clearly and unmistakably waives the right to bargain on the matter. Palowitch v. … The second alternative proposal stated: The right to take unilateral action refers to all rights described in Section A, and is not qualified by or subject to any duty to bargain over the effects or impacts of actions taken

Lynch v. State

2 So. 3d 47 · Supreme Court of Florida · Jan 30, 2009

Additionally, the facts established during the penalty phase clearly demonstrated that Lynch had not only exhibited a premeditated intent to murder Morgan, but had also exhibited the “heightened premeditation” necessary to … Wu was not offered for this purpose) believed that Lynch qualified for the statutory mitigators, and Dr.

License Acquisitions, LLC v. Debary Real Estate Holdings, LLC

155 So. 3d 1137 · Supreme Court of Florida · Nov 26, 2014

This Court has also stated that “[i]n the regulation of such establishments or ‘enterprises,’ it is the public policy of this state to limit the distance within which additional establishments of like character may be … Other cases from this Court holding a statute unconstitutional largely involved classification schemes that were clearly applicable to only one individual, entity, or geographic area.

Mayer v. Eastwood, Smith & Co.

122 Fla. 34 · Supreme Court of Florida · Dec 17, 1935

exhibits in this case that none of the said several five bases of liability has been established. … Under these circumstances, the contention of the appellant is clearly not well taken as to the last point.

Busby v. State

894 So. 2d 88 · Supreme Court of Florida · Feb 3, 2005

Under this standard, a defendant could object to a clearly neutral or even a defense-friendly juror and still be entitled to a new trial. … I submit that although (1), (2), and (3) are essential in order to preserve the error (for without them there would clearly be no harm associated with the court's error), such preservation factors themselves fail to establish

Florida Bar v. Roberto

36 Fla. L. Weekly Supp. 89 · Supreme Court of Florida · Mar 3, 2011

Indeed, the referee’s findings of fact, and Roberto’s own admissions, establish that his conduct created a conflict of interest. … Here, the record clearly *1106 establishes that Roberto engaged in a sexual relationship with two current clients; in each case, the sexual nature of the relationship created a conflict of interest between Roberto’s own interests