Case law

Chestnut v. State

538 So. 2d 820 · Supreme Court of Florida · Jan 5, 1989

Clearly, epilepsy and senility are no different from other objective evidence of brain damage. … In this case, the defendant established evidence of permanent organic brain damage.

Warner v. Ware

136 Fla. 466 · Supreme Court of Florida · Aug 2, 1938

An examination of the facts here clearly shows that it did not arise out of a contract, obligation or liability contemplated by or within the meaning of paragraph 5 of Section 4663 C.G.L. … ; (b) the evidence failed to establish that Leonard Lonquist was an employee of the defendant at the time of the accident; (c) actionable negligence had not been established; (d) the evidence as to actionable negligence was

Parker v. State

873 So. 2d 270 · Supreme Court of Florida · Jan 22, 2004

The evidence clearly established that the stab wound was inflicted while she struggled. A defensive injury received during a struggle was found on her hand. The killing was not sudden and unexpected. … In the sentencing order in this case, the trial court found: The evidence establishes that the purpose of the abduction and killing was clearly to eliminate the only witness to the robbery.

Florida Bar re Amendments to Rules Regulating the Florida Bar

20 Fla. L. Weekly Supp. 410 · Supreme Court of Florida · Jul 20, 1995

Any fee in excess of 25% shall be presumed to be clearly excessive. … While response is mandatory, the lawyer may deny the charges or assert any available privilege or immunity or interpose any disability that prevents disclosure of certain matter.

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

34 Fla. L. Weekly Supp. 405 · Supreme Court of Florida · Jul 9, 2009

All papers filed in the action shall be styled in such a manner as to indicate clearly the subject matter of the paper and the party requesting or obtaining relief. RULE 4.110. MOTIONS (a) Motion for Summary Judgment. … (b) An indigent respondent who requests the appointment of counsel for appeal must file an affidavit to establish entitlement to the appointment.

Florida Dept. of Children and Fam. v. Fl

880 So. 2d 602 · Supreme Court of Florida · Jul 8, 2004

Chapter 39 establishes a two-part process for terminating parental rights. … Stabilizing this child's life is clearly in the child's best interest.

Marek v. State

34 Fla. L. Weekly Supp. 325 · Supreme Court of Florida · May 8, 2009

Finally, Marek has not established that the State actually argued inconsistent theories. … As the Supreme Court explained in Williams , “It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” 529 U.S. at

LEON CO. EDUC. AUTH. v. Hartsfield

698 So. 2d 526 · Supreme Court of Florida · Jun 12, 1997

(SRH), a nonprofit Florida corporation, was established solely for the purpose of facilitating the financing, acquisition, construction, and equipping of the project. … We do not believe that in enacting the 1988 amendment to section 196.192(1), the legislature intended to preclude an equitable owner who otherwise qualified from receiving a tax exemption.

Mallard v. Ewing

121 Fla. 654 · Supreme Court of Florida · Apr 5, 1935

the title pursuant to the contract, therefore a parol agreement, being a part of the contract of sale, restricting the use of the premises in one particular for a limited period, is not merged in the deed, and does not qualify … This subject has been discussed by this Court sufficiently to clearly establish the rule by which the trial courts of this State should be guided in such matters.

Atz v. Andrews

84 Fla. 43 · Supreme Court of Florida · Jun 30, 1922

Whatever other State courts may do, the Supreme Court of Florida will guard and protect the constitutional rights, *52 privileges and immunities of the people, as sacredly as the Federal courts. … It was his opinion that it would make him drunk, but that was his bare opinion upon a matter that was not shown that he was qualified to give an opinion upon, or that he had drunk enough of the liquor to produce the *59 result

Willis v. GAMI GOLDEN GLADES, LLC.

967 So. 2d 846 · Supreme Court of Florida · Oct 18, 2007

This is the line that has been established for many years. … The district court correctly concluded that these circumstances did not qualify as a physical impact, see id. at 610 , and, therefore, the reasoning employed therein is not applicable to the case before us, which clearly

Wackenhut Corp. v. Lippert

609 So. 2d 1304 · Supreme Court of Florida · Dec 3, 1992

Clearly, Ms. Lippert's handbag was delivered into the custody of Delta at the security checkpoint. At that time she was a ticketed passenger, so the baggage liability limitation was applicable. We cannot accept Ms. … The net effect is that the burden of a loss will be shifted primarily to airport authorities, their contractors, or the security companies operating checkpoints, to the extent they are unable to claim the tariff immunity

Burnett, Tax Collector v. Greene

105 Fla. 36 · Supreme Court of Florida · Jun 17, 1931

The act clearly provides for objections to the formation or establishment of the district to be filed. … If they are filed the discretion is clearly attempted to be vested in the judge as to whether he will order or decree the establishment of the district.

Glendinning v. Curry

153 Fla. 398 · Supreme Court of Florida · Jul 16, 1943

The petition for the alternative writ, to be directed to the City Manager and to the Superintendent of the Hospital, alleged that the petitioner was a graduate and registered nurse and well qualified for the position which … Mandamus is a harsh remedy, and the allegations must be sufficiently explicit to show clearly the petitioner’s right to the relief sought.

Chandler v. State

702 So. 2d 186 · Supreme Court of Florida · Oct 16, 1997

State, 400 So.2d 1217 (Fla. 1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity.... … Clearly, the trial judge was describing Koon and the compulsory procedure in this situation.

Resnick v. State

287 So. 2d 24 · Supreme Court of Florida · Nov 7, 1973

In Giglio , a witness for the prosecution testified that he was not given immunity for his testimony. … Because the witness was in fact given immunity, the deliberate suppression was found to be a violation of due process and the decision was reversed and remanded.

State v. County of Palm Beach

89 So. 2d 607 · Supreme Court of Florida · Sep 21, 1956

Chapter 416, Florida Statutes, F.S.A., authorizes counties to establish and maintain detention homes and schools for delinquent children. … The Constitution clearly requires this. In the absence of such taxpayer confirmation, the Constitution prohibits the issuance of the bonds. DREW, Chief Justice. I concur in the foregoing opinion of Mr.

DEPT. OF AGR. & CONSUMER SERV. v. Bonanno

568 So. 2d 24 · Supreme Court of Florida · Sep 27, 1990

No other courts may be established by the state, any political subdivision or any municipality... . … I can conceive of no more clearly judicial function than interpretation of the constitution.

Maiben v. Bobe

6 Fla. 381 · Supreme Court of Florida · Apr 15, 1855

This is her position of disability or immunity at law, and this is now clearly settled. … The em *412 joyment of the use may clearly exist without the right of disposal.

Marsh v. Valyou

977 So. 2d 543 · Supreme Court of Florida · Nov 21, 2007

Any relevant conclusions which are supported by a qualified expert witness should be received unless there are other reasons for exclusion. … The weight and quality of the evidence clearly demonstrate that Dr.