Case law

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.

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.

Leonard v. Franklin

84 Fla. 402 · Supreme Court of Florida · Aug 19, 1922

This feature of the statute is clearly not in conflict with the constitutional provision mentioned. Kroegel v. Whyte, 62 Fla. 527 , 56 South. Rep. 498 . … The Legislature may provide for Special Tax School Districts, to issue bonds for the exclusive use of public free schools within any such Special Tax School District, whenever a majority of the qualified electors thereof,

Inquiry Concerning a Judge No. 16-534 Re: Dana Marie Santino

257 So. 3d 25 · Supreme Court of Florida · Oct 19, 2018

June 3, 2016), and Santino entered the race after the original qualifying period was reopened by this Court. Attorney Gregg Lerman was one of two candidates who had qualified prior to the date that Lerman issued. … Lerman is on the rotating list of attorneys and is one of the limited number of death penalty qualified attorneys in Florida.

Shevin v. Yarborough

274 So. 2d 505 · Supreme Court of Florida · Feb 21, 1973

The Order stated that the Commission intended for the utility to employ qualified experts, approved by the Commission, to make studies sufficient to allow the Commission to establish fair rates of depreciation allowance. … The intent of Order 4078, clearly, was not to freeze the level of the fund, but to make the fund self-supporting.

Lambrix v. State

11 Fla. L. Weekly 503 · Supreme Court of Florida · Sep 25, 1986

Appellant's first contention on appeal concerns the constitutionality of death-qualified juries. … Thus, although the proffered question may have been relevant, any probative value of the question and answer was clearly outweighed by the danger of misleading or confusing the jury by only hinting at and not establishing

Blewitt v. Nicholson

2 Fla. 200 · Supreme Court of Florida · Jan 15, 1848

Averitt duly qualified as executors, that Arabella the late wife of complainant was one of the children of said Malcolm Nicholson, and a benefit ciary under his will. … The words “the Judge shall have and exercise general powers as Judge of Probate,” seem clearly to confer a plenary and general jurisdiction upon the subject of administration.

Tel Service Co. v. General Capital Corporation

227 So. 2d 667 · Supreme Court of Florida · Oct 29, 1969

Accordingly, such penalty or forfeiture possesses no immunity against statutory repeal or modification and the enactment of legislation to this effect abates such penalty or forfeiture pro tanto even during the pendency of … Furthermore, Section 687.11 repeals only so much of Section 687.04 with which it is clearly in conflict. Section 687.04 provides that anyone violating the 15 per cent per annum usury limit of F.S.

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida · Oct 29, 2020

Subdivisions (b) and (c) establish the procedure for commencing an appeal proceeding. … (F) deny a motion that: (i) asserts entitlement to absolute or qualified immunity in a civil rights claim arising under federal law; (ii) asserts entitlement to immunity

Jenkins v. State

978 So. 2d 116 · Supreme Court of Florida · Mar 6, 2008

The facts elicited during the evidentiary hearing established that the CI, a known informant, had been used by Officer Daniel on "search warrant buys"; i.e., drug purchases utilized to establish the probable cause necessary … I disagree and question whether the confidential informant was reliable enough to establish probable cause.

Zakrzewski v. State

717 So. 2d 488 · Supreme Court of Florida · Jun 11, 1998

In Kampff , we concluded that the State could not sufficiently establish any aggravating factors. … Hence, the majority, in direct violation of the law and our decision in Tedder has substituted its subjective analysis of the facts for the views of the sworn and death-qualified jurors, who not only could have had reasonable

Re: Estate Ollie M. Woods

133 Fla. 730 · Supreme Court of Florida · Aug 1, 1938

On October 10, 1934, the said Ollie Woods died and thereafter Josephine Woods was appointed and qualified as administratrix of his estate. The first publication of notice «to creditors was had on November 5, 1934. … On the record presented here, we cannot find any error on the part of the court below; nor any departure from the law as clearly laid down by the Legislature.

Everett v. State

54 So. 3d 464 · Supreme Court of Florida · Oct 14, 2010

SMITH: Chuck had not been qualified as an expert. I don’t know if you are going to try to qualify him as a blood expert or crime scene — I don’t really think he’s a blood spatter expert. MR. … Moreover, as this Court emphasized in Foster , Everett was able to clearly recollect the events surrounding the crimes.

Medina v. State

690 So. 2d 1241 · Supreme Court of Florida · Feb 10, 1997

In this case, three qualified psychiatrists with substantial credentials examined Medina in December 1996 and found him to be sane. … The trial court dismissed this newly discovered evidence summarily, stating that while it was established at trial that a Marlboro cigarette was found in an ashtray in Ms.

Garcia v. Andonie

37 Fla. L. Weekly Supp. 613 · Supreme Court of Florida · Oct 4, 2012

Section 196.012(18), Florida Statutes (2006), defines “permanent residence” for ad valorem taxation purposes and states that the inquiry to be made in determining whether one’s property qualifies as a “permanent residence … Nevertheless, the Property Appraiser’s briefs intersperse the factual and legal arguments in such a manner that it is necessary for us to clearly delineate those aspects of this case that are determined as a matter of law

The Florida Bar v. Tauler

25 Fla. L. Weekly Supp. 1078 · Supreme Court of Florida · Nov 22, 2000

Although Tauler's misuse of client funds is clearly unacceptable, the circumstances of her misappropriations vary greatly from those in Travis and Korones . … The referee found that "under the facts and circumstances of this case, suspension protects the public from unethical conduct, and, at the same time, does not deny the public the services of an otherwise qualified and compassionate

Barton v. State

43 Fla. 477 · Supreme Court of Florida · Jun 15, 1901

be inadmissible, for it is an established rule of law that the evidence offered must correspond with the allegations, and be confined to the point in issue.” … The Revised Statutes provide for the calling of the election, as in the act of 1887, and that the inspectors of election, to be appointed and qualified as in cases of general elections, shall canvass the vote cast and make

In RE: AMENDMENTS TO the RULES REGULATING THE FLORIDA BAR-BIENNIAL PETITION.

267 So. 3d 891 · Supreme Court of Florida · Jan 4, 2019

Any fee in excess of 25% shallwill be presumed to be clearly excessive. … Comment Lack of funding, alone, does not constitute just cause under this rule. 14-7 IMMUNITY AND CONFIDENTIALITY RULE 14-7.1 IMMUNITY AND CONFIDENTIALITY (a) Immunity.

Stoll v. State

762 So. 2d 870 · Supreme Court of Florida · Apr 6, 2000

Clearly, McCormick on Evidence, § 297 at 856 (3d ed.1984)); see also Rogers v. State, 660 So.2d 237, 240 (Fla.1995). … Because no other exception to the hearsay rule was established in this case, the admission of this statement into evidence was error. [7] Further, even if the handwritten statement qualified under an exception to the hearsay

Richard Todd Robards v. State of Florida

42 Fla. L. Weekly Supp. 431 · Supreme Court of Florida · Apr 6, 2017

“Where a party admission is not clearly part of an attempt to negotiate a plea bargain, this Court has adopted a two-tier analysis for determining whether a statement falls within the exclusion under rule 3.172(i).” … We conclude that the State cannot establish that the error in Robards’ case was harmless beyond a reasonable doubt.