Case law

Hoffman v. Murphy

95 So. 2d 244 · Supreme Court of Florida · Oct 10, 1956

He qualified and on June 10, 1954, filed proof of •publication of notice to creditors showing the first publication to have been made on May 13, 1954. … Although this case involves the converse of the situation now before us, it clearly supports the conclusion which we here reach.

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.

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.

United States v. Dempsey

635 So. 2d 961 · Supreme Court of Florida · Apr 21, 1994

The recognition of the loss of companionship element of damages clearly reflects our modern concept of family relationships. … Waite. 618 So.2d 1360, 1361 (Fla. 1993) (holding that doctrine of interspousal immunity is no longer part of Florida's common law): In re T.A.C.P., 609 So.2d at 594 .

McDonald v. Miller

90 So. 2d 124 · Supreme Court of Florida · Oct 24, 1956

There is no indication that their interest in these people was inspired by motives of good citizenship aimed at encouraging all qualified citizens to vote. … Section 101.62, supra, clearly requires that the application for an absentee ballot must be applied for by the voter himself "either in person or by mail".

In Re Apportionment Law, Etc.

414 So. 2d 1040 · Supreme Court of Florida · May 12, 1982

The senate, standing alone, cannot make a legal interpretation of the constitution which is immune from review by this Court on this issue. … The few cases which have truncated terms have done so in clearly different situations.

Thompson v. Graham

10 Fla. L. Weekly 633 · Supreme Court of Florida · Dec 19, 1985

CS/SB 848 is clearly not a general appropriation bill. … We reserve the right, at our option, to deal with this issue by separate order. [1] Mandamus is available as a method of enforcing a clearly established legal right but not as a means of litigating and establishing a disputed

Vasil v. State

374 So. 2d 465 · Supreme Court of Florida · Jun 14, 1979

State , clearly requires reversal of the conviction in the present case. … It is no less important to define the offense of murder clearly and accurately in a prosecution for murder than to define rape or burglary clearly and accurately in prosecutions for those crimes.

Towle v. State ex rel. Fisher

3 Fla. 202 · Supreme Court of Florida · Jan 15, 1850

This remark, however, is to be qualified by the cotemporaneous observation of the same learned judge, which he frequently repeated, that “ it was a very beneficial writ, but that the best mode of preserving it, was to be … whose authority we 'have just now invoked, that it is not the province of the Court below or of this Court to control the exercise of that judgment and discretion, and that the remedy here sought is inappropriate, we are clearly

In re the Executive Communication filed the 17th Day of April, A. D. 1872

14 Fla. 289 · Supreme Court of Florida · Apr 15, 1872

A case is pending if it is not finally disposed of, and clearly here is no final disposition of it by any order of the Senate so doing. … This' court can say to an officer, yon are not elected or qualified.

Hamilton v. State

703 So. 2d 1038 · Supreme Court of Florida · Oct 23, 1997

to kill the victim and that he clearly communicated his renunciation to his accomplices in sufficient time for them to consider abandoning the criminal plan. … Such self-serving statements are entirely consistent with a plan to kill (i.e., to mollify the victim), and do not qualify as evidence of withdrawal under Smith . [5] The record shows that a focus of Hamilton's defense at

West Virginia Hotel Corp. v. W. C. Foster Co.

101 Fla. 1147 · Supreme Court of Florida · Mar 13, 1931

Gr L.) and the city’s charter act, the bill does not clearly show that complainant was injured by this method of assessment. … A state cannot tax shares of National banks except by consent of congress, and this consent, as given by statute, is qualified and conditional, and unless the conditions fixed by congress are complied with, the authority

State v. Sturdivant

37 Fla. L. Weekly Supp. 127 · Supreme Court of Florida · Feb 23, 2012

However, this reasoning failed to recognize that aggravated battery is not listed in the felony-murder statute, whereas aggravated child abuse is clearly enumerated in the statute. … Judge Cope wrote for the court: 'Simply put, [a] defendant can be convicted of both felony murder and the qualifying felony because the felony murder statute says so.’" (quoting Green v.

Booth v. Lenox

45 Fla. 191 · Supreme Court of Florida · Jan 15, 1903

Without cumbering the record with the volume of testimony in detail, we think that the great preponderance of it establishes clearly and satisfactorily the following facts: That the appellant Esther L. … Booth, this testimony of the heirs removed the prohibition against the living wife’s, testifying as to such transactions, and qualified her, under the stat: *201 ute, to give her version of them.

Florida Bar

13 Fla. L. Weekly 601 · Supreme Court of Florida · Sep 29, 1988

Committee Notes Rule History 1975 Revision: This rule is the same as prior FPR 5.080, broadened to include guardianships and intended to clearly permit the use of discovery practices in nonad-versary probate and guardianship … ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL (a) Proceeding. The establishment and probate of a lost or destroyed will shall be in one proceeding. (b) Petition.

State Ex Rel. Cohen v. O'Neal

100 Fla. 1277 · Supreme Court of Florida · Nov 18, 1930

The Respondent had been appointed and qualified and was in custody of the office of such Clerk at the time of filing the petition. … Moreover, the general power *1291 of legislature to establish criminal courts in counties having a population exceeding 50,-000 is clearly recognized by Sec. 31, Art. 6, of the Constitution, as prohibiting the establishing

Riechmann v. State

581 So. 2d 133 · Supreme Court of Florida · May 30, 1991

Clearly the offense was not a crime involving dishonesty or a false statement. Thus, the state had to establish that it was punishable by more than one year of imprisonment under German law. … We find the evidence clearly sufficient to support the aggravating factors applied.

Edward M. Chadbourne, Inc. v. Vaughn

491 So. 2d 551 · Supreme Court of Florida · Jul 17, 1986

Florida law clearly indicates that the paving mix manufactured and applied by Chadbourne is exactly such a product. … NOTES [1] This is not to say that Chadbourne would in every sense or instance be immune to a strict liability suit for the manufacture and sale of asphalt mix or even a roadway.

State v. Miami Beach Redevelopment Agency

392 So. 2d 875 · Supreme Court of Florida · Dec 11, 1980

Chapter 163 clearly authorizes the establishment of redevelopment agencies as political bodies authorized to issue bonds. Therefore, this contention is without merit. II. … More significantly here, there was added to the provision the qualifying words "payable from ad valorem taxation." Art. VII, § 12, Fla. Const.

State ex rel. Buford v. City of Tampa

88 Fla. 196 · Supreme Court of Florida · Sep 9, 1924

Upon the settlement of the colonies, like rights passed to the grantees in the royal charters,' in trust for the communities to be established. … This title considered in its entirety as expressing a qualified grant to a city, was sufficient to put the public upon enquiry as to whether the lands covered by the qualified grant contained in Chapter 6781 did not include