Case law

In Re Amendments to Rules of the Supreme Court Relating to Admissions to the Bar

35 Fla. L. Weekly Supp. 740 · Supreme Court of Florida · Dec 16, 2010

Rules 4-65.1 and 4-65.2 establish different time periods for reapplying for each group—upon proof of satisfying all eligibility requirements for those who took the test when not qualified (rule 4-65.1) and after an ineligibility … This tends to eliminate uncertainty and provides standards and guidelines that may be clearly understood and equally applied.

R.J.L. v. State

29 Fla. L. Weekly Supp. 673 · Supreme Court of Florida · Nov 18, 2004

The department shall ... establish procedures pertaining to the application for and issuance of certificates of eligibility for expunction. … A pardoned individual can therefore not satisfy the requirements of section 943.0585(2)(e), and cannot qualify for a certificate of eligibility.

State v. Herbert

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.

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.

Fotopoulos v. State

838 So. 2d 1122 · Supreme Court of Florida · Dec 19, 2002

The attorneys representing the State in Hunt's case made the following statements: [T]he evidence will not establish, will clearly not establish was [sic] that Deidre Hunt was in any way acting under coercion or duress in … State, 718 So.2d 746, 749 (Fla.1998). [11] Deidre Hunt's resentencing qualifies as newly discovered evidence because it occurred after Fotopoulos's trial and sentencing.

Geiger v. Filor

8 Fla. 325 · Supreme Court of Florida · Jul 1, 1859

This is fully established by the authorities. … The right of the one is instant, present, potent' in all time to come, that of the other distant, uncertain, qualified, con *342 tingent — so that, if it' depended upon the ownership contemplated by the law, we should not

Coday v. State

946 So. 2d 988 · Supreme Court of Florida · Oct 26, 2006

judge as having been established. … The testimony of these six mental health experts clearly satisfied the "reasonable quantum" of competent evidence required to establish this mental health mitigating factor. See Morton, 789 So.2d at 330 .

Mulkey v. Purdy

234 So. 2d 108 · Supreme Court of Florida · Apr 8, 1970

Sec. 30.31 clearly requires the fingerprinting of all persons charged with or convicted of a felony and it further places the discretionary duty on the sheriffs of the state to fingerprint all persons charged with or convicted … For although equity must be guided by general rules and precedents, and cannot subvert established rules of law, it has a much broader field of action.

Miami Home Milk Producers Asso. v. Milk Control Board

124 Fla. 797 · Supreme Court of Florida · Jul 16, 1936

The controlling question presented on this appeal is the constitutionality of Chapter 17,103 of the Laws of 1935, which legislative Act established, or in effect continued, the Milk Control Board which had been created by … As above stated, the decision in the Nebbia case is binding on this Court insofar as it construes and applies the provisions of the Federal Constitution, and as to such provisions the Florida Milk Control Act is clearly immune

Hardy v. State

716 So. 2d 761 · Supreme Court of Florida · Jun 11, 1998

The trial court found that Hardy's age of eighteen qualified as a statutory mitigating factor and gave it some weight. … Thus, the evidence clearly implicated Hardy in the collateral crimes. We conclude that it was properly admitted in support of the State's claim of CCP.

Brooks v. State

787 So. 2d 765 · Supreme Court of Florida · Apr 5, 2001

The statements are clearly hearsay not covered by any other recognized exception to the hearsay rule. … To be qualified as a juror, a person need not be completely ignorant of the facts of the case. See id.

Smith v. State

7 So. 3d 473 · Supreme Court of Florida · Mar 19, 2009

Mitchell clearly had both knowledge and experience regarding the codes. … Furthermore, the evidence presented at trial clearly established that John Doe engaged in “drug wars” with rival groups.

McKenzie Check Advance of Florida v. Betts

31 Fla. L. Weekly Supp. 255 · Supreme Court of Florida · Apr 27, 2006

Thus, if deferred presentment transactions qualified *1213 as check cashing, they were subject to the Code's fee structure. See id. §§ 560.301-.310. … It merely confirmed the Department's consistent position, as already expressed (less clearly) in the informal opinion and the formal rule.

Henry v. State

16 Fla. L. Weekly Supp. 593 · Supreme Court of Florida · Aug 29, 1991

The sufficiency and propriety of the predicate for a dying declaration is a mixed question of law and fact, and a trial court’s determination of the issue will not be disturbed unless clearly erroneous. Teffeteller v. … Contrary to Henry’s argument, we also find the aggravating factors to have been established beyond a reasonable doubt.

Williams v. the Town of Dunnellon

125 Fla. 114 · Supreme Court of Florida · Aug 3, 1936

districts or municipalities of the State of Florida shall have power to issue bonds only after the same shall have been approved by a majority of the votes cast in an election in which a majority of the freeholders who are qualified … But when a statute clearly violates organic law and it is so adjudged, such statute is rendered inoperative by the dominant .legal force of the Constitution.

In re Amendments to the Florida Rules of Juvenile Procedure

23 Fla. L. Weekly Supp. 493 · Supreme Court of Florida · Sep 18, 1998

If the court rules that a mediator is disqualified from mediating a case, an order shall be entered setting forth the name of a qualified replacement. … Further, the court finds that termination of parental rights of the parent(s),.name(s).is clearly in the manifest best interests of the child(ren).

Universal Insurance Co. of North America v. Warfel

37 Fla. L. Weekly Supp. 50 · Supreme Court of Florida · Jan 26, 2012

Caldwell established that Florida courts generally applied the Thayer-Wigmore view to presumptions in civil cases, unless that presumption is clearly an “expression of social policy,” in which case the Morgan-McCormick view … The facts presently before the Court are clearly distinguishable from Combee for two distinct reasons.

Cook v. State

46 Fla. 20 · Supreme Court of Florida · Jun 15, 1903

The two cited cases show clearly that the statutory elements of murder in the first degree must always exist to justify a conviction of murder in the first degree; that the very qualifying adjectives of the statute should … Rep. 521 , and a reference to these cases will show clearly what was in the mind of the court.

Pooler v. State

704 So. 2d 1375 · Supreme Court of Florida · Nov 6, 1997

Evidence introduced at trial established that Farinas ignored the victim's pleas for mercy. … There was no evidence that there had been any exchange of words between Pooler and Kim Brown on the day of the murder. [6] This case is clearly distinguishable from Farinas v.