Case law

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.

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 v. City of Pensacola

40 So. 2d 569 · Supreme Court of Florida · May 20, 1949

The repair, pavement and construction of streets and sidewalks are clearly municipal purposes. The streets designated for paving and construction are named and described in the ordinance. … Section 8 of Article 8 of the Constitution of Florida grants the Legislature power to establish and abolish municipalities and to prescribe their power and jurisdiction.

State v. Smith

573 So. 2d 306 · Supreme Court of Florida · Dec 20, 1990

Testimony under oath is clearly distinguishable from statements made before an investigating police officer or deputy sheriff. … In my view, it clearly is testimony from an "other proceeding" which is authorized by statute and implemented by our rules.

James Milton Dailey v. State of Florida

Supreme Court of Florida · Oct 3, 2019

Nor does the affidavit qualify as a third-party admission of guilt under Chambers. In Bearden v. … Because the motion was filed eighteen years after the claim was discovered, the claim is clearly procedurally barred.

Standard Guar. Ins. Co. v. Quanstrom

555 So. 2d 828 · Supreme Court of Florida · Jan 11, 1990

In Rowe , we established two caps on the amount of attorney's fees to be awarded. … However, we qualified that statement and effectively established a cap on the fee by holding that "in no case should the court-awarded fee exceed the fee agreement reached by the attorney and his client." Id. at 1151 .

Luke v. City of St. Petersburg

107 So. 2d 1 · Supreme Court of Florida · Nov 21, 1958

Such being the fact, it is plain that the intention of the framers of the constitution in putting section 8 of article 8 in the constitution was to qualify the general effect of section 21 of article 3, or, in other words … It seems clear to me that in the cases cited by the lower court the statutes involved clearly came within the terms of Art. 8, Sec. 8.

Yisrael v. State

33 Fla. L. Weekly Supp. 577 · Supreme Court of Florida · Feb 21, 2008

Based on this letter, Yisrael qualified as an HVFO under section 775.084, Florida Statutes (2001). 2 Mr. Yisrael did not object to the trial judge’s consideration of the release-date letter during sentencing. … The report provided under seal in this case clearly indicated that Mr. Yisrael’s predicate-felony release date was “04/08/98.” The decisions of the First District in Desue v.

Inquiry Concerning Davey

645 So. 2d 398 · Supreme Court of Florida · Oct 13, 1994

Kevin Davey, by conducting himself in the manner set out in the above Findings of Fact, intentionally committed serious and grievous wrongs of a clearly unredeeming nature. … This Court has established mandatory standards governing the conduct of Florida judges by which fitness may be measured.

Pensacola Electric Co. v. Bissett

59 Fla. 360 · Supreme Court of Florida · Jan 15, 1910

As is generally true in cases of this character, there is more or less conflict in the testimony of the different witnesses for the parties litigant, but it clearly establishes that Mrs. … There is no gainsaying that these two matters were established beyond contradiction.

Patten v. State

10 Fla. L. Weekly 51 · Supreme Court of Florida · Jan 10, 1985

Both psychologists testified that these factors clearly applied to appellant. … We have previously rejected appellant's fifth claim that alleges error in the denial of an evidentiary hearing on the issue of whether a death-qualified jury is also a guilt-prone jury. Dobbert v.

Shevin v. Byron, Harless, Schaffer, Reid & Associates, Inc.

379 So. 2d 633 · Supreme Court of Florida · Jan 17, 1980

The consultant was to recommend one or more persons qualified for the position. … Although the Supreme Court stated in Carey that the boundaries of this interest have not been marked, the Court has clearly established that an individual may make a decision relating to intimate personal activities and relationships

Inquiry Concerning a Judge, No. 05-437 re Barnes

34 Fla. L. Weekly Supp. 85 · Supreme Court of Florida · Jan 29, 2009

In sum, and as demonstrated above, the petition was highly critical of the local judiciary and its filing clearly crossed the line between what is appropriate and what is not. … The JQC hearing panel found that Judge Barnes was guilty of this count "in a qualified sense,” focusing only on the allegation that Judge Barnes mounted public attacks against the local judiciary. .

Varnum v. State

137 Fla. 438 · Supreme Court of Florida · Apr 28, 1939

The office of Superintendent of Schools in Escambia County is filled by the qualified electors of said County at an election called for this purpose and plaintiff in error had contested with other candidates for this office … this Court, and requested the trial court to charge or instruct the jury in the following language, viz.: "I further charge you that the State is relying upon testimony of an accomplice that is to say Ferrell McDonald to establish

Sieniarecki v. State

756 So. 2d 68 · Supreme Court of Florida · Apr 27, 2000

her mother exhibited clearly falls within the statute's definition. … The evidence established that a joint decision was made as to where petitioner's mother would reside after sale of the family home and who would provide the day to day care.

Michael James Jackson v. State of Florida

Supreme Court of Florida · Dec 18, 2025

Love held that procedural changes altering the burden of proof at pretrial immunity hearings under Florida’s “Stand Your Ground” law applied to pending cases in which the “immunity hearings . . . take place on or after … McCree, 476 U.S. 162 (1986), which held “that the Constitution does not prohibit the States from ‘death qualifying’ juries in capital cases.” Id. at 173.

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc.

180 So. 3d 89 · Supreme Court of Florida · Dec 4, 2014

See Jimenez, 997 So. 2d at 1065 (“[T]rial counsel was clearly not deficient for the failure to discover information that was neither exculpatory nor impeaching.”). … “While this Court has recognized that the recantation of a witness may under some circumstances qualify as newly discovered evidence, see Wyatt v.

CARIBBEAN CONSERV. CORP., INC. v. Fla. Fish & Wildlife Conservation Comm'n

838 So. 2d 492 · Supreme Court of Florida · Jan 16, 2003

Clearly the Commission has the authority to regulate gear specifications. … Clearly the Commission has the authority to regulate gear specifications.

Correll v. State

40 Fla. L. Weekly Supp. 531 · Supreme Court of Florida · Oct 2, 2015

Their opinions regarding such synergistic effects could therefore only be based on speculation and conjecture, which is clearly not enough to meet the heavy burden of Baze and Glossip. … To qualify, the alternative procedure must be feasible, readily implemented, and in fact significantly reduce a substantial risk of severe pain. 553 U.S. at 51-52 , 128 S.Ct. 1520 (plurality opinion).

Mullan v. Bk. of Pasco Co.

101 Fla. 1097 · Supreme Court of Florida · Mar 11, 1931

This we cannot do, unless it be clearly shown that knowledge of a hostile claim on the part of the widow has been brought home to the children a sufficient length of time to bar them under the statute of limitations from … majority of the states, is that, inasmuch as the mortgage is a mere incident to the indebtedness, an assignee for value before maturity of negotiable promissory note secured by mortgage, is entitled to the same privileges and immunity