Case law

Orange County Civic Facilities Authority v. State

286 So. 2d 193 · Supreme Court of Florida · Oct 22, 1973

The Orange County Civic Facilities Authority established by Chapter 71-803, Laws of Florida, sought validation of $4,200,000 Civic Facilities Bonds, Series 1973, dated April 1, 1972, to be issued by the Authority. … "Whenever any county, district, or municipality is by law given power to issue bonds, such bonds shall be issued only after the same have been approved by the majority of votes cast in an election by freeholders who are qualified

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 v. Wershow

343 So. 2d 605 · Supreme Court of Florida · Feb 25, 1977

Nothing is to be regarded as included within it that is not within its letter as well as its spirit; nothing that is not clearly and intelligently described in its very words, as well as manifestly intended by the Legislature … There must be provided an ascertainable standard of guilt, a barometer of conduct must be established, so that no person will be forced to act at his peril. Cramp v.

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

Franklin v. State

887 So. 2d 1063 · Supreme Court of Florida · Sep 30, 2004

Section 7 creates the new offense of "repeat sexual batterer" and establishes a mandatory minimum sentence for offenders meeting the criteria for that crime. … Thus, the statute clearly provides for an increased sentence for a person committing a serious crime. As such, it relates both to the subject and purpose of the entire act."

Tropical Park v. Ratliff

97 So. 2d 169 · Supreme Court of Florida · Oct 4, 1957

There can be no doubt that a rule or regulation clearly prohibiting and making illegal "credit" betting could and should be prescribed. The testimony of Mr. … Respondents then make the bald assertion that "such is clearly not the rule in cases of this nature".

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

In Re Standard Jury Instructions in Criminal Cases-Report No. 2009-01

35 Fla. L. Weekly Supp. 1 · Supreme Court of Florida · Jan 7, 2010

In such a bifurcated proceeding, the jury must make the finding that the defendant had previously been convicted of the qualifying offenses for reclassification of the current offense. Id. at 694 . … (Defendant) [established] [maintains] [maintained] a permanent or temporary residence in (name of county) County, Florida. 3.

Bunkley v. State

882 So. 2d 890 · Supreme Court of Florida · May 27, 2004

To establish this element at trial, the arresting officer told the jury that Bunkley had "a good-sized buck knife." … This was clearly a saving construction, akin to State v.

Race v. Nationwide Mut. Fire Ins. Co.

14 Fla. L. Weekly 75 · Supreme Court of Florida · Feb 23, 1989

We first held that from the victim's perspective, the event was a completely unexpected and unusual occurrence and therefore qualified under the policy language as an "accident." … Clearly, the connection between Race's injury and Thompson's motor vehicle was too tenuous to provide UM coverage.

Kelly v. Knott

120 Fla. 580 · Supreme Court of Florida · Jun 24, 1935

The laws of New Jersey, as established in the record, .show that appellant is a statutory liquidator of the New Jersey Fidelity & Plate Glass Insurance Company, a New Jersey corporation, who, by virtue of such New Jersey … corporation permitted to transact business in the State of Florida, would be unavailing for such purpose, in view of those provisions of the Federal Constitution guaranteeing to citizens of each state the privileges and immunities

Bill Furst, etc. v. Susan K. DeFrances

Supreme Court of Florida · Sep 2, 2021

Applying the plain terms of the statute to these facts, any property that is unlawfully assessed and escapes taxation qualifies under the statute. … or factually does not qualify for the exemption.

Burnette v. State

157 So. 2d 65 · Supreme Court of Florida · Nov 6, 1963

Assuming for the moment the State's argument that the proof of guilt was `clearly established' we cannot agree with the State's contention that `there is no reason to believe that any verdict other than that of guilty as … Recommendation to mercy * * * (1) In all criminal trials, the jury, in addition to a verdict of guilty of any offense, may recommend the accused to the mercy of the court or to executive elemency, and such recommendation shall not qualify

Penn v. State

574 So. 2d 1079 · Supreme Court of Florida · Jan 15, 1991

This Court has long held that the action of the court in holding a juror to be qualified over defendant's objection works no injury to the accused if the objectionable venireman does not serve, even though the accused exhausted … This theory was clearly a defensive matter, and Penn could and should have developed it by calling his own witnesses. Steinhorst . Therefore, we find no abuse of the trial court's discretion regarding this issue.

Florida Fire & Casualty Insurance v. Hart

73 Fla. 970 · Supreme Court of Florida · May 4, 1917

Justice-BREWER in which he said: “The case comes clearly within the rule so often declared by this court, that where there is clear and positive testimony sustaining every essential fact, and the verdict has received the … Such officers to hold until the next annual meeting, and until their successors respectively are elected and qualified, or until they are respectively removed by the managing board.”

Town of DeFuniak Springs v. Perdue

69 Fla. 326 · Supreme Court of Florida · Mar 24, 1915

I considered it a very severe wind, in fact the worst I have seen since the electric light plant has been established here — I would call it the severest. Q. … Following our established practice, we confine ourselves to such grounds thereof as are urged before us. Williams v. State, 68 Fla. 88 , 66 South. Rep. 424 .

The Florida Bar v. Spear

29 Fla. L. Weekly Supp. 657 · Supreme Court of Florida · Nov 4, 2004

It was never established where this money was transferred or for what purpose. … The Respondent failed to provide records which clearly identified the funds and information to enable The Florida Bar to contact Ramelle Dinofer, who had moved to Georgia.

Owen v. State

596 So. 2d 985 · Supreme Court of Florida · Jan 23, 1992

He was routinely informed of his rights and voluntarily waived them. [3] Owen's argument that the jury was "death qualified" and "conviction prone" has already been rejected by this Court. See, e.g., Diaz v. … The court's finding that the murder was committed in a cold, calculated, and premeditated manner was also adequately established.

State Ex Rel. Landis v. Circuit Court for the Eleventh Judicial Circuit

102 Fla. 122 · Supreme Court of Florida · Jul 6, 1931

It is true that the Comptroller appointed a liquidator for the City Trust Company on the same day that the Circuit Court of Dade County appointed a receiver, to-wit, May 8, 1931, which receiver qualified and made bond on … There is no express repeal by the latter statute of the older one, and repeal by implication is not favored by the courts, and such implied repeal will not be held to exist *Page 129 unless it is clearly established by showing

Charles C. Peterson v. State of Florida

154 So. 3d 275 · Supreme Court of Florida · Jun 26, 2014

However, subsequent research in the area of eyewitness identification has clearly demonstrated that the reliability of eyewitness identification testimony is subject to a multitude of factors, the effects of which are often … Other features of eyewitness unreliability, such as difficulty identifying persons of another race, have also become well established. See Loftus & Doyle, supra. § 4-9, at 86; Wells, supra, at 404.