Case law

Thomas v. Wainwright

11 Fla. L. Weekly 515 · Supreme Court of Florida · Oct 2, 1986

Thus petitioner's argument fails to establish a deficiency in counsel's performance. Steinhorst v. Wainwright, 477 So.2d 537, 540-41 (Fla. 1985). … There was nothing in the trial court record to indicate so clearly that such infirmity existed as to compel appellate counsel to argue the matter on appeal.

State Ex Rel. R. R. Comm'rs v. S. A. L. Ry. Co.

89 Fla. 419 · Supreme Court of Florida · May 25, 1925

To require the establishment of stations, including flag stations, at which trains may be required to stop, and the establishment of landings and wharves at which water carriers may be required to stop; to designate the location … In view of such absence of authority and the language of the proviso already discussed, the right of the State to act in the premises is clearly reserved.

Washington National Insurance v. Ruderman

38 Fla. L. Weekly Supp. 511 · Supreme Court of Florida · Jul 3, 2013

Although the Eleventh Circuit recognized that Anderson held ambiguous insurance policy provisions are to be construed against the insurer, the court expressed concern that Excelsior “qualified the longstanding rule of construing … However, the insurance company has a duty to do so clearly and unambiguously.

R.J. Reynolds Tobacco Company v. Phil J. Marotta, etc.

42 Fla. L. Weekly Supp. 410 · Supreme Court of Florida · Apr 6, 2017

“Thus, Congress clearly intended to ‘protect the national economy from the burden imposed by diverse, nonuniform, and confusing cigarette labeling and advertising regulations,’ but did not clearly intend to extend broad … immunity from common law liability to cigarette manufacturers.”

Poinciana Chinaware, Inc. v. Forsythe

136 So. 2d 337 · Supreme Court of Florida · Nov 29, 1961

There followed a paragraph containing a reference to the total permanent disability of the claimant, but qualified by the divergent views of carrier and claimant, the former maintaining that the disablement extended from … The principle of law for which they contend has often been recognized, and was clearly re-announced in Miami Retreat Foundation v.

Jackson v. State

575 So. 2d 181 · Supreme Court of Florida · Jan 18, 1991

We agree that the evidence did not establish premeditated murder. … The trial judge stated that the testimony of Melvin Jones regarding the defendant's statement before the event, the defendant's statement that "We had to do it" and other evidence clearly established the defendant's planning

Ferguson v. State

789 So. 2d 306 · Supreme Court of Florida · May 10, 2001

Nevertheless, to qualify for retroactive application Carter must be a decision of fundamental significance. … 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), claiming that his assistance was necessary to develop the factual predicate for those claims. [5] Justice Overton specially concurred, concluding that Jackson had not established

Williams v. City of Jacksonville

118 Fla. 671 · Supreme Court of Florida · Mar 7, 1935

It is essential to the public interests, to economy and the protection of public funds, that rules should be established governing the transactions of such bodies different from those which apply to the affairs' of individuals … always so clear' that a given transaction may at once be classed as the one or the other, but whether governmental or not, it is always quite difficult, if not impossible, to give a satisfactory reason for holding a city immune

Cone v. Benjamin

157 Fla. 800 · Supreme Court of Florida · Jul 26, 1946

Benjamin as administrator with the will annexed of the estates of each of the deceased persons, and he *804 duly qualified as such. The estate of Harrison J. … Champerty was not pleaded as a defense in this case, but, like laches, if it clearly appears from the record, a court of equity might take appropriate action.

Inquiry Concerning a Judge, No. 99-09, re Kinsey

28 Fla. L. Weekly Supp. 97 · Supreme Court of Florida · Jan 30, 2003

Clearly, this provision mandates that a candidate for the bench must comply with the same standards as sitting judges. … Discipline As noted above, I concur in the portion of the majority decision concluding that Judge Kinsey’s statements and conduct constitute pledges and promises of conduct in judicial office not qualified as protected speech

Hernandez v. State

35 Fla. L. Weekly Supp. 714 · Supreme Court of Florida · Dec 9, 2010

Price may clearly be used as evidence of drug quantity (or intended drug quantity) under certain circumstances. … Even without evidence that Hernandez intended to engage in a transaction involving at least 28 grams of cocaine, then, the jury verdict supports a finding that Hernandez committed a qualifying felony under section 782.04(

Escambia County Electric Light & Power Co. v. Sutherland

61 Fla. 167 · Supreme Court of Florida · Jan 15, 1911

Hargis answered the question in the affirmative; but on cross-examination qualified his answer by saying that he understood him to say 1500 or 1800 volts. … The doctrine thus qualified is set forth as the law in the first head note of the opinion.

Citizens Nat. Bank of Orlando v. Bornstein

374 So. 2d 6 · Supreme Court of Florida · Jul 18, 1979

(Section 679.318(1)(a).) (10) Finally, in the event the court does not feel that the instrument here qualifies as a section 673.805 "non-negotiable instrument," the Bank argues that a liberal construction of the act should … If it were, the Bank would clearly be entitled to section 679.318 defenses and we would have had no need to pursue this incorporation analysis.

Myers v. City of Miami

100 Fla. 1537 · Supreme Court of Florida · Dec 19, 1930

Like the employment of the salesmen, they are among the means by which that business is carried on and share its immunity from State taxation." In McCall v. … What was the purpose of the company in establishing an office in the city of Philadelphia?

Nordelo v. State

37 Fla. L. Weekly Supp. 403 · Supreme Court of Florida · Jun 7, 2012

However, permitting a newly discovered evidence claim to proceed to an evidentiary hearing does not establish that the *183 recanted testimony qualifies as newly discovered evidence as a matter of law. … The district court also found it significant that neither side called Lopez to testify at trial, but the motion and affidavit clearly alleged that Lopez refused to testify.

Vernon Stevens v. State of Florida

42 Fla. L. Weekly Supp. 807 · Supreme Court of Florida · Sep 14, 2017

The evidence did not establish precisely when Beltran died during the course of events. … However, Higgins clearly committed only first-degree arson under section 806.01(1)(b), regardless of whether the fire he ignited singed the prison structure.

Inquiry Concerning a Judge No. 16-377 Re: Scott C. DuPont

252 So. 3d 1130 · Supreme Court of Florida · Sep 6, 2018

Dissemination of False and Misleading Information About the Anthonys In 2015, Judge DuPont qualified for a second judicial term. … To do so “clearly sends the wrong message to future candidates; that is, the end justifies the means and, thus, all is fair so long as the candidate wins.”

Johnston v. State

63 So. 3d 730 · Supreme Court of Florida · Mar 24, 2011

The decision to not use Johnston’s friend as a witness at trial was clearly within “the wide range of professionally competent assistance.” Strickland, 466 U.S. at 690 , 104 S.Ct. 2052 . … As Johnston concedes, he was clearly advised of his Miranda rights.

Evans v. State

946 So. 2d 1 · Supreme Court of Florida · Oct 5, 2006

As the trial court noted, Evans' trial testimony clearly refuted his current argument that he was impaired at the time of the shooting. … As the majority acknowledges, this death-qualifying aggravator found by the trial court satisfies the requirements of the Sixth Amendment. See Jones v.

In Re: Amendments to the Rules Regulating The Florida Bar - Biennial Petition

Supreme Court of Florida · Mar 3, 2022

by its president, president-elect, or executive director and supported by 1 or more affidavits demonstrating facts personally known to the affiants that, if unrebutted, would establish clearly and convincingly that … A qualifying provider also may not state that it is a “Florida Bar approved qualifying provider” or that its advertising is approved by The Florida Bar.