Case law

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.

The Florida Bar v. Behm

35 Fla. L. Weekly Supp. 419 · Supreme Court of Florida · Jul 1, 2010

This argument is devoid of merit and lacks any basis in established law. … The money derived by Behm from his practice of law clearly satisfies this definition of “gross income.”

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.

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.

Advisory Opinion to the Attorney General re Florida Locally Approved Gaming

20 Fla. L. Weekly Supp. 262 · Supreme Court of Florida · Jun 8, 1995

This proposal seeks to amend the state constitution to allow casino gaming under certain qualified and limited circumstances. … It clearly is not intended to be self-executing.

Riley v. State

433 So. 2d 976 · Supreme Court of Florida · Jun 3, 1983

The information contained in the affidavit comprises facts which clearly were not known and could not have been known by defendant and defense counsel at the time of the trial by the use of due diligence. … Although the surviving victim identified Riley as one of the perpetrators, which normally would be considered sufficient evidence for a jury finding of guilt, it is inconceivable that a qualified, properly instructed jury

Darling v. State

35 Fla. L. Weekly Supp. 389 · Supreme Court of Florida · Jul 1, 2010

This view was clearly articulated in Justice Lewis’s dissenting opinion in Cox v. … Harbison clearly establishes that an attorney who is appointed under section 3599(a)(2) is bound by the conditions imposed by section 3599(e).

Moakley v. Smallwood

826 So. 2d 221 · Supreme Court of Florida · Feb 28, 2002

Clearly, the review would be an "abuse of discretion," but without a specific definition of "bad faith," on what basis can there be an abuse of discretion? … However, the record does not reflect that Smallwood was offered as an expert or permitted by the court to qualify and testify as such, as required by section 92.231. See Lee County v.

Travieso v. Travieso

10 Fla. L. Weekly 410 · Supreme Court of Florida · Aug 22, 1985

The language of this statute is broad and clearly encompasses the type of expert fee sought in the present case. … I would rather modify the principle of law established by the appellate courts that there must be expert testimony before a court may award attorney fees.

Owen v. State

862 So. 2d 687 · Supreme Court of Florida · Oct 23, 2003

Finally, we analyzed the law of the case doctrine and determined that "the [United States] Supreme Court's decision in Davis qualifies as an exceptional situation" and therefore the law of the case as to the admissibility … Here, the evidence clearly supports the finding of guilt. At trial, the State presented Owen's videotaped confession, as well as DNA evidence to establish Owen's guilt beyond any doubt.

Beber v. State

887 So. 2d 1248 · Supreme Court of Florida · Nov 10, 2004

The holding in M.B. is clearly not applicable to a criminal conviction, nor can it be extended to that context without running afoul of constitutional protections. … (b) In a criminal action, the defendant shall be notified no later than 10 days before trial that a statement which qualifies as a hearsay exception pursuant to this subsection will be offered as evidence at trial.

Herring v. State

446 So. 2d 1049 · Supreme Court of Florida · Feb 2, 1984

Cameron could — is qualified to consider the death penalty and to make a decision at the proper time. (Emphasis added.) … But the record clearly shows the shot was fired within the same time-frame as the first.

Fleischer Studios, Inc. v. Paxson

147 Fla. 100 · Supreme Court of Florida · May 13, 1941

the taxable property of a governmental or taxing unit is or indubitably becomes by growth or increase or otherwise, of such annual tax producing value as to meet the tax obligations of the unit, and the exemption does not clearly … Organic exemptions from taxation qualify existing taxing power conferred by the Constitution when no dominant Federal law is thereby violated.

Richard v. State

42 Fla. 528 · Supreme Court of Florida · Jun 15, 1900

Some part of the statement is clearly admissible, and the proper course would have been to exclude the part not admissible, if such be the case. … The last qualifying clause is important and limits the right to’ take life, where the other conditions exist, when the danger is imminent. We think the court did not err in refusing the charge.

Gabriel Brian Nock v. State of Florida

256 So. 3d 828 · Supreme Court of Florida · Nov 1, 2018

Foster likewise did not address the reasoning of Huggins, which clearly laid a foundation for Kaczmar. … State, 889 So. 2d 743 (Fla. 2004)], which clearly laid a foundation for Kaczmar.” Majority op. at 21.

Moore v. State

701 So. 2d 545 · Supreme Court of Florida · Oct 2, 1997

The whole thing is not relevant and it's not qualified for any hearsay. THE COURT: It's a prior consistent statement. .... … This clearly implied recent fabrication or improper motive.

Whitney Boan v. Florida Fifth District Court of Appeal Judicial Nominating Commission & Geraldine F. Thompson, etc. v. Florida Sixth District Court of Appeal Judicial Nominating Commission

Supreme Court of Florida · Dec 15, 2022

We note that, although the Sixth District’s nominating commission contests the petitioners’ standing, the commission did not take on the burden of establishing that our precedents in analogous cases are “clearly erroneous … (“Uniform rules of procedure shall be established by the judicial nominating commissions at each level of the court system.

Gonzalez v. State

786 So. 2d 559 · Supreme Court of Florida · May 10, 2001

Certain kinds of opinion testimony clearly are admissible—and especially qualified expert opinion testimony—but they are not necessarily binding even if uncontroverted. … Although the trial court found the statutory mental mitigators had not been established by the evidence, the evidence was sufficient to establish nonstatutory mitigation.

Cardenas v. State

867 So. 2d 384 · Supreme Court of Florida · Feb 26, 2004

Under the common law, a scientific test result on intoxication is admissible "if a proper predicate established that (1) the test was reliable, (2) the test was performed by a qualified operator with the proper equipment … State, 790 So.2d 590, 591 (Fla. 5th DCA 2001) (finding error "clearly prejudicial" and "clearly preserved"). In short, this is an issue certain to recur.

Henderson v. Boose, Et Ux.

142 Fla. 804 · Supreme Court of Florida · Aug 1, 1939

Henderson, qualified as Trustee of the Estate of Parker A. Henderson. J. M. … However, the evidence clearly shows that Curtis E. Lee, acting as-Treasurer of the Bondholders Trustees, gave Mrs.