Case law

Foster v. State

614 So. 2d 455 · Supreme Court of Florida · Oct 22, 1992

He argued that the evidence rose to the statutory level but nevertheless argued that Foster was clearly under an emotional disturbance even if it did not meet the level required by statute. … Despite earlier transgressions, [12] Florida in recent years has clearly established its *466 commitment to equality of treatment in the courts.

Alvord v. State

396 So. 2d 184 · Supreme Court of Florida · Apr 9, 1981

After an evidentiary hearing and a clearly exhaustive review of the record, the trial judge denied this petition for post-conviction relief. … A Defendant has the burden of establishing a plea of insanity by showing that he was legally insane when he committed the criminal act. Hixon vs. State, (DCA 1964) 165 So.2d 436 .

Greater Loretta Imp. Ass'n v. State Ex Rel. Boone

234 So. 2d 665 · Supreme Court of Florida · Apr 22, 1970

By establishing rules of construction, the Overby decision retained its authority under the new Constitution. … Clearly, its meaning seems to us to be the equivalent of the terms all or every.

Carter v. Sparkman

335 So. 2d 802 · Supreme Court of Florida · May 5, 1976

Sparkman argues the constitutional invalidity of this statute on the basis of the privileges and immunities clause and the due process clause of the Fourteenth Amendment to the United States Constitution. … I must agree with Carter, however, that no problem under the constitutional scheme of rule-making is presented in this case. *809 Section 768.133(6) provides that procedural rules for mediation panels are to be established

Bailey v. City of Tampa

175 So. 2d 533 · Supreme Court of Florida · May 12, 1965

The District Court of Appeal agreed with these contentions of respondents and specifically held: “ * * * the contract clearly provides that the city was required to build up this fund until a reserve of $500,000 was established … Merely because there were contractual agreements between the city policemen electing to come under the City pension plan established originally by Ch. 21590 creates no deviation from the application of the precedents established

Knight v. State

746 So. 2d 423 · Supreme Court of Florida · Nov 12, 1998

His actions clearly indicate however that he ordered them back into the car, told them to drive to an even more secluded area and executed them. … The judge then properly exercised his discretion and determined that the nonstatutory mitigation had been established. Chandler, 702 So.2d at 201 .

State v. Williams

623 So. 2d 462 · Supreme Court of Florida · Jul 1, 1993

The district court noted that the Legislature had provided law enforcement officials with immunity from civil or criminal liability for lawfully enforcing controlled substance laws. Id. … Indeed, as pointed out by Glosson , "a recent federal circuit court stated that nothing short of `the infliction of pain or physical or psychological coercion' will establish the due process defense."

Miller v. Davis

174 So. 2d 8 · Supreme Court of Florida · Apr 14, 1965

Two or more courts may have concurrent jurisdiction of the same subject matter, and the rule is well settled that when the Constitution or the statute in specific terms vests jurisdiction in any tribunal without the qualifying … V clearly expresses the constitutional intent that it lies within the power of the Legislature to change the jurisdiction and the judges of all trial courts unless the Constitution otherwise provides.

In Re TW

551 So. 2d 1186 · Supreme Court of Florida · Oct 5, 1989

As previously noted, the United States Supreme Court had clearly established the principles by which the constitutionality of this type of parental consent legislation must be judged before the legislature enacted section … Consequently, I agree with the analysis contained in parts I and II of the majority opinion, which I read as adopting, for purposes of the Florida Constitution, the qualified right to have an abortion established in Roe v

Southeast Floating Docks, Inc. v. Auto-Owners Insurance Co.

37 Fla. L. Weekly Supp. 63 · Supreme Court of Florida · Feb 2, 2012

The circuit court, based upon an inability to find “definitive answers in clearly established Florida law,” certified the previous three questions to this Court with regard to the application of section 768.79 and Florida … As this Court stated in TGI Friday’s: Under this statute, the [Legislature did not give judges the discretion to determine whether it is reasonable to entitle qualifying plaintiffs to fees.

Toll v. Waters, Et Vir.

138 Fla. 349 · Supreme Court of Florida · May 30, 1939

One of the first questions for decision is: Did the plaintiff adduce sufficient evidence to establish the ownership of the car in W. J. Toll and operated at the time of the collision by his brother, E. J. Toll. … This Court is not authorized under the law to substitute its judgment for that of a jury selected and qualified according to law to1 try the issues.

Goodwin v. State

751 So. 2d 537 · Supreme Court of Florida · Dec 16, 1999

"[T]his Court is eminently qualified to give Florida statutes a narrowing construction to comply with our state and federal constitutions. … Appellant must show prejudice and has the burden of establishing that prejudice.").

State ex rel. Burr v. Seaboard Air Line Railway 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.

Shriners Hospitals for Crippled Children v. Zrillic

563 So. 2d 64 · Supreme Court of Florida · May 31, 1990

Clearly the legislature must have intended the general rule of construction in section 732.6005(1) to give way to the specific, contrary purpose of section 732.803. See, e.g., Adams v. … The classification established in section 732.803 does not draw a rational distinction, and it is neither just nor reasonably related to a legitimate governmental purpose. [8] For the aforementioned reasons, we overrule Taylor

Livingston v. State of Florida

108 Fla. 193 · Supreme Court of Florida · Feb 3, 1933

The Court, by this statement, clearly vouched for the integrity and credibility of the witftes's, Tomlinson. … Livingston, Jr., and the worthlessness of the $5,000.00 note established.

Everett G. Miller v. State of Florida

Supreme Court of Florida · Feb 29, 2024

The evidence established the following. … Beasley, 72 F.3d 1518, 1528 (11th Cir. 1996) (“[E]vidence of [the defendant’s] racist views government and having a dislike for law enforcement,” they clearly had probative value, as explained below.

State ex. rel. Wolfe v. Kirke

12 Fla. 278 · Supreme Court of Florida · Jul 1, 1868

such circumstances being clearly established.” … These letters show clearly what was the foundation for Wolfe’s letter to Abercombie.

State v. Allen

126 Fla. 878 · Supreme Court of Florida · Jan 19, 1937

In counties where Criminal Courts of Record are established County Solicitors occupy the, status, and perform the functions of, a one-man Grand Jury. … McGarry, 21 Wis. 496 , a quo warranto proceeding where a statute gave a board of supervisors power to remove for incompetency, improper conduct or other cause satisfactory to such board, said, ‘We are clearly of opinion that

Coleman v. Watts

81 So. 2d 650 · Supreme Court of Florida · May 11, 1955

In respect to attorneys other than those qualifying under the diploma privilege, section 454.07 provides only that "All applications for admission to practice shall be filed with the secretary of the board * * *. … But in this decision, and in others on the same general point, the California court clearly recognized the applicant's right to a judicial review of the evidence bearing on his fitness, and the consequent necessity for a

Chamberlin v. Dade County Bd. of Public Instruction

143 So. 2d 21 · Supreme Court of Florida · Jun 6, 1962

It should be clearly understood, however, that this was not a movement for the separation of state from Christianity, but specifically a separation of church and state. … We think it necessary that, unless otherwise clearly commanded by the plain language of the statutes of the Constitution, the courts refrain from purely philosophical invasions of the Constitution or long established and