Case law

Aravena v. Miami-Dade County

31 Fla. L. Weekly Supp. 205 · Supreme Court of Florida · Apr 6, 2006

Nor can it be clearly demonstrated that the work of the County's traffic signal repair personnel, whose job was to regulate vehicular and pedestrian traffic, was unrelated to the work of the school crossing guard, whose job … We further stated: A contrary holding giving wide breadth to the rare exceptions to workers' compensation immunity would merely erode the purpose and function of the Workers' Compensation Law as established by the Legislature

Johnston v. State

11 Fla. L. Weekly 585 · Supreme Court of Florida · Nov 13, 1986

Clearly, the trial court was correct in concluding that Johnston would not receive a fair trial without assistance of counsel. … Although never qualified as an expert, Officer Ostermeyer was an evidence technician and a member of the Orlando Police Department for twelve years.

Downs v. Dugger

12 Fla. L. Weekly 473 · Supreme Court of Florida · Sep 9, 1987

According to Johnson's immunized testimony, Downs gunned the victim down at a clandestine location while Johnson passively looked on. … The mitigating circumstances which you may consider, if established by the evidence, are these: [listing only the seven statutory mitigating factors].

Florida Dept. of Revenue v. Herre

19 Fla. L. Weekly Supp. 151 · Supreme Court of Florida · Mar 31, 1994

Thus, one simple step of deductive reasoning would reveal that if a taxpayer collects $100,000 in gross sales and pays $50,000 in sales tax, the tax clearly is being paid on an illegal drug sale. … The Supreme Court of Kansas recognized that a statutory grant of immunity is not coextensive with the privilege against self-incrimination unless it grants "use immunity, or protection from the direct use of compelled incriminatory

Moore v. State

68 Fla. 91 · Supreme Court of Florida · Oct 21, 1914

In other words, that it had not been sufficiently shown that said confessions were made freely and voluntarily, and not through duress or fear or through the hope of reward by immunity from punishment, to render them admissible … It was clearly shown' that the defendant, though under arrest and in custody of the officers at the time they were made, was fully advised by them that whatever he said would be used against him at his trial; that after being

State Ex Rel. Florida Bar v. Sperry

140 So. 2d 587 · Supreme Court of Florida · Apr 4, 1962

If we were to hold otherwise any person licensed to practice before the United States Supreme Court or any other federal court could establish an office and hold himself out in this state as being qualified to represent Florida … The right to practice law is not a privilege or immunity of a citizen of the United States within the meaning of the Fourteenth Amendment to the Constitution of the United States. West Virginia State Bar v.

City of St. Petersburg v. Wall

10 Fla. L. Weekly 320 · Supreme Court of Florida · Jun 20, 1985

That holding was clearly correct because the exercise of eminent domain is quintessentially a governmental planning-level function cloaked with sovereign immunity. … As the First District clearly and correctly explained in City of Jacksonville v.

Bakerman v. the Bombay Co., Inc.

32 Fla. L. Weekly Supp. 342 · Supreme Court of Florida · Jun 21, 2007

Even though case law on the intentional tort exception to workers' compensation immunity is devoid of any defined test that will establish substantial certainty as a matter of law, it is evident that concealment of the dangerous … A contrary holding giving wide breadth to the rare exceptions to workers' compensation immunity would merely erode the purpose and function of the Workers' Compensation Law as established by the Legislature.

State of Florida v. Brian K. McKenzie

Supreme Court of Florida · Sep 23, 2021

In the case of [s]ection [775.21](5)(a)3., a sexual predator who was convicted of a qualifying offense in another jurisdiction before establishing or maintaining a residence in a Florida county, notice … The statutory scheme provides no basis for concluding that a fumble by the sentencing court should immunize a sexual predator from the legally required designation and registration.

State Ex Rel. Davis v. Rose

97 Fla. 710 · Supreme Court of Florida · May 9, 1929

S.) 229, forcefully and clearly sets forth the correct doctrine. … It denies to citizens of each state all the privileges and immunities of citizens of this State.

Department of Transp. v. Konney

587 So. 2d 1292 · Supreme Court of Florida · Oct 10, 1991

Evidence was also presented that established that from 1973 to 1977 no accidents occurred at this intersection and that from 1978 to 1982 there were twelve accidents. … In common usage, these terms clearly connote a varying level of severity.

State Ex Rel. Barnett v. Gray, Secy. of State

107 Fla. 73 · Supreme Court of Florida · Oct 18, 1932

according to law in such county, be deemed a qualified elector at all elections under the constitution,” Sec. 284 (215) Com. … the proportion of electors casting such ballots could only under *88 the existing statute be credited as ballots east for an independent candidate and therefore, could not be credited to any political party nor aid in the establishment

Gerard v. Dept. of Transp.

10 Fla. L. Weekly 374 · Supreme Court of Florida · Jul 11, 1985

The trial court granted the Department summary judgment upon the issue of exhaustion of limits of liability pursuant to the limited waiver of sovereign immunity contained in section 768.28(5). … Reiterating our pronouncement that statutory waiver of sovereign immunity must be clearly expressed and strictly construed, the First District held that section 768.28(5) expressly imposes a cumulative per-incident limitation

Commercial Coatings of Northwest Fla. v. PENSACOLA CONCRETE CONST. CO.

18 Fla. L. Weekly Supp. 224 · Supreme Court of Florida · Apr 8, 1993

In approving the decision of the Fifth District Court in Halifax, we stated: [T]his Court established in Smith v. … Clearly, under the law, Mann should have been limited to recovering under workers' compensation.

Wright v. State

581 So. 2d 882 · Supreme Court of Florida · May 9, 1991

According to the former prosecutor, there was a contract of immunity entered into on July 19, 1983 with Westberry but the defense counsel fully cross-examined Westberry about the immunity contract at trial. … Clearly the jury was aware of the previous break-ins to the victim's home.

Florida Department of Transportation v. Dorthy Schwefringhaus

41 Fla. L. Weekly Supp. 137 · Supreme Court of Florida · Apr 7, 2016

Where the legislature has, by general law, authorized entities of the state to enter into contract or to undertake those activities which, as a matter of practicality, require entering into contract, the legislature has clearly … Even section 768.28(1), which establishes the limited waiver of sovereign immunity, states that it only applies to causes of action seeking “to recover damages in tort.” Am. Home, 908 So. 2d at 474.

Wilson v. State

134 Fla. 390 · Supreme Court of Florida · Oct 18, 1938

Taylor, the duly appointed, qualified and acting County Solicitor of the Criminal Court of Record in and for Dade County, Florida, that he, the said County Solicitor, wanted to obtain from the said Charles Wilson certain … State, 85 Fla. 91 , 95 Sou. 115 , it was held: “The established general rule is that except in those cases where the allegation of the precise time is material a different date from that alleged in the indictment before the

Hess by & Through Hess v. Metro. Dade County

467 So. 2d 297 · Supreme Court of Florida · Apr 4, 1985

immunity issue. … It is an integral part of the scheme established by the legislature for waiver of sovereign immunity which we have said should apply equally, and not in a disparate manner, to all constitutionally authorized entities.

Tsavaris v. Scruggs

360 So. 2d 745 · Supreme Court of Florida · Mar 17, 1977

A decision cannot be "unjust" as long as it is founded upon established principles. It may become "unjust" when established precedent is ignored. … Tsavaris, M.D., and a practicing physician who has been qualified as a psychiatrist in the Courts of the Thirteenth Judicial Circuit. Is that your true name? A Yes, it is.

Roberts v. State

164 So. 2d 817 · Supreme Court of Florida · Mar 6, 1964

It is now well established that a witness, who qualifies as an expert in the science of ballistics, may identify a gun from which a particular bullet was fired by comparing the markings on that bullet with those on a test … They both sought to establish alibis. Their attorneys collaborated constantly during the trial.