Case law

Amendments to Florida Probate Rules

21 Fla. L. Weekly Supp. 436 · Supreme Court of Florida · Oct 3, 1996

Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. … Committee Notes Rule History 1975 Revision: This rule is the same as prior rule 5.080, broadened to include guardianships and intended to clearly permit the use of discovery practices in nonadversary probate and guardianship

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.

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.

State v. Beardsley

77 Fla. 803 · Supreme Court of Florida · Jan 15, 1919

been fully administered, and has vested in non-resident testamentary trustees, and the property has been removed by them from the state, they cannot be directly taxed in this state. for such property, although they have qualified … The will in this case clearly shows that the duties of the executors and trustees, respectively, were, under such will, a portion of which we herein set forth: “I, Henry M.

In Re: Amendments to the Rules Regulating The Florida Bar (Biennial Petition) – Corrected Opinion

Supreme Court of Florida · Jan 25, 2018

RULE 10-2.1 GENERALLY Whenever used in these rules the following words or terms shall have the following meaning herein set forth unless the use thereof shall clearly indicateof the word or term clearly indicates … to establish the requirements to maintain Florida Registered Paralegal status.

The Florida Bar v. Cohen

30 Fla. L. Weekly Supp. 820 · Supreme Court of Florida · Nov 23, 2005

As to rehabilitation and aggravating and mitigating factors, the referee found Cohen clearly and convincingly established his rehabilitation, having traveled great lengths to turn his life around and to rehabilitate himself … The referee found that she had established rehabilitation and recommended a ninety-day suspension with a three-year probation period to follow.

Patrick Albert Evans v. State of Florida Corrected Opinion

Supreme Court of Florida · Dec 10, 2015

[The State is] not qualifying him as some sort of expert with voice waves and all that. … Therefore, I would conclude that Detective Judy clearly met the threshold for admissibility of the identification.

Keen v. State

775 So. 2d 263 · Supreme Court of Florida · Sep 28, 2000

He further explained that he was testifying without immunity because he wanted to get the story off his chest. Keen, 504 So.2d at 397-98 . … Lowery received total immunity in exchange for her truthful testimony against Brookings, while Mrs.

Troedel v. State

462 So. 2d 392 · Supreme Court of Florida · Dec 6, 1984

A chemist who tested the samples was qualified as an expert in the analysis of chemical elements. … This was clearly for the purpose of allowing the defendant to avoid detection and thereby prevent his arrest for these crimes." In Riley v.

Howland v. State ex rel. Zirklebach

56 Fla. 422 · Supreme Court of Florida · Jun 15, 1908

The license is part of the police regulations of the country, and the fee is rather intended to prevent -the indiscriminate opening of such establishments than to raise revenue by taxation. .This power to regulate the sale … Rep. 235 , is so apt on this point, and so clearly explains the power of the city under the two rales herein mentioned, that I quote at length therefrom, as follows: “The latitude that is given to municipal bodies, in fixing

Marshall v. Hollywood, Inc.

236 So. 2d 114 · Supreme Court of Florida · May 13, 1970

The Bar's position is that petitioner's interpretation of the Act and its effect is clearly erroneous. The Bar also presented arguments here and below regarding the constitutionality of the Act. … In this case, petitioner fails to qualify under any of the exceptions to the Act, and, therefore, petitioner's claims are barred.

In Re: Amendments to the Rules Regulating The Florida Bar (Biennial Petition)

Supreme Court of Florida · Nov 9, 2017

RULE 10-2.1 GENERALLY Whenever used in these rules the following words or terms shall have the following meaning herein set forth unless the use thereof shall clearly indicateof the word or term clearly indicates … to establish the requirements to maintain Florida Registered Paralegal status.

Mark H. Wilson v. State of Florida

Supreme Court of Florida · May 22, 2025

The trial court did not find any statutory mitigating circumstances established as to either murder. … Death Qualifying the Jury As Wilson acknowledges, the argument that death qualifying a jury is unconstitutional was recently raised and rejected in Loyd, 379 So. 3d at 1095-96.

Deparvine v. State

995 So. 2d 351 · Supreme Court of Florida · Sep 29, 2008

Initially, we reject Deparvine's argument that the trial court did not clearly indicate what mitigating *380 circumstances it found. … So it would qualify as a mental health disorder," as recognized in the Diagnostic and Statistical Manual. Dr.

Garron v. State

528 So. 2d 353 · Supreme Court of Florida · May 19, 1988

State, 458 So.2d 762, 765 (Fla. 1984), "[i]t is a well established principle of law in this state that an otherwise qualified witness who is not a medical expert can testify about a person's mental condition, provided the … This is clearly the domain of experts in the field of psychiatry.

Dobbert v. State

328 So. 2d 433 · Supreme Court of Florida · Jan 14, 1976

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … There was inconsequential testimony that experts found some material in the attic which possibly could have been human blood, but this was not clearly established.

Timothy Anderson v. State of Florida

Supreme Court of Florida · Mar 5, 2020

- 10 - necessary to establish reckless driving.” … - 13 - elements of the lesser offense,” Williams, 957 So. 2d at 599, which is what this Court’s precedent clearly requires a trial judge to first examine when determining whether

Spann v. Baltzell

1 Fla. 301 · Supreme Court of Florida · Jan 15, 1847

Baltzell, the holder of the original note, of which a true copy is hereon endorsed, I, Marshal P, Ellis, a Notary Public, residing in the city of Apalachicola, qualified according to law, went to the office of the Southern … There has been a recent decision in the State of New York, which establishes fully and clearly the doctrine as before stated. It is found ■ in the case of the Bank of Munroe vs. Calvin, 2 Hills R. 532.

Wells v. Tallahassee Mem. Med. Center

659 So. 2d 249 · Supreme Court of Florida · Jun 15, 1995

The abolition of joint and several liability by section 768.81(3), TMRMC argues, did not alter this long-established prohibition against double recovery. … Together they provide that settling tortfeasors may buy their "peace" with claimants in good faith settlements, and, in turn, receive immunity from contribution claims.