Case law

Roberts v. State

164 So. 2d 817 · Supreme Court of Florida · Mar 6, 1964

It is now well established that a witness, who qualifies as an expert in the science of ballistics, may identify a gun from which a particular bullet was fired by comparing the markings on that bullet with those on a test … They both sought to establish alibis. Their attorneys collaborated constantly during the trial.

State Ex Rel. Barancik v. Gates

134 So. 2d 497 · Supreme Court of Florida · Nov 17, 1961

Appellant, Henry Allan Barancik, a registered and qualified elector of Broward County, Florida, was advised by letter from the Supervisor of Registration of said county that his name had been stricken from the registration … In the discussion of this problem which follows, *499 the question of the kind of notice required to be given to the elector to immunize such statutes against the constitutional attack here made is neither raised in these

Beard v. Hambrick

396 So. 2d 708 · Supreme Court of Florida · Mar 5, 1981

The provisions of the Florida Constitution appear to clearly mandate this answer. Article VIII, Florida Constitution, entitled Local Government, provides for counties in section 1. … The obvious fallacy in the majority's reasoning stems from a failure to focus on the indisputable fact that the sovereign immunity statute waived an immunity which would otherwise bar suit against governmental bodies.

Pickett v. Russell

42 Fla. 634 · Supreme Court of Florida · Jan 15, 1900

Clearly it refers to and qualifies the words “qualified electors thereof.” … by clearly defined metes and bounds, segregating it from adjacent territory.

Ashley v. State

72 Fla. 137 · Supreme Court of Florida · Aug 2, 1916

This panel was exhausted without further addition to- the two qualified talesmen, and another venire for seven was issued and served. … The showing made does not clearly and affirmatively establish the impossibility of obtaining an impartial jury in the county to try the accused on this charge.

State v. Board of Public Instruction

113 So. 2d 368 · Supreme Court of Florida · Jun 17, 1959

Const., which clearly indicates that registration of electors be completed, i.e. made "from time to time." … The record does not show how many qualified elector-freeholders were registered prior to the special registration for the bond election; it is clearly indicated, however, in news stories appearing in the court file, that

Sebring Airport Auth. v. McIntyre

783 So. 2d 238 · Supreme Court of Florida · Apr 5, 2001

This time, appellants cited the 1994 amendment to support their argument that they qualified for an exemption. … (citations omitted). [8] "Immunity and exemption differ in that immunity connotes an absence of the power to tax while exemption presupposes the existence of that power." Canaveral Port Authority v.

Holland v. State

773 So. 2d 1065 · Supreme Court of Florida · Oct 5, 2000

criminal proceedings (use and derivative use immunity). … Ross, 660 So.2d 1109, 1111 (Fla. 4th DCA 1995) ("We agree that it is not enough that the witness be qualified to propound opinions on a general subject; rather he must be qualified as an expert on the discrete subject on

Kelley v. State

11 Fla. L. Weekly 159 · Supreme Court of Florida · Apr 10, 1986

The statements were admitted to rebut an inference of recent fabrication established by the rigorous cross-examination of Sweet as to his extensive immunity and possible motives to fabricate. … Defense counsel clearly established an inference of improper motive to fabricate through its extensive cross-examination of Sweet concerning the laundry list of crimes for which he had been given immunity in return for his

Fraser v. Cohen

159 Fla. 253 · Supreme Court of Florida · Jul 8, 1947

In conformity with this view, the general rule has been most clearly established, that a purr chaser with notice of the right of another is in equity liable to the same extent and in the same manner as the person from whom … This is clearly within the purview of Sec. 87.01, 1945 Supplement Fla.

State ex rel. Hart v. Call

41 Fla. 442 · Supreme Court of Florida · Jun 15, 1899

of the court the suit of Hart against the County Commissioners for the purposes therein disclosed is not one in which a county or municipal corporation is a party within the meaning of Section 968, and as Judge Call is clearly … This section, declaring what are not disqualifications, should not be so construed as to embrace cases not clearly within its letter and spirit, especially so if its purpose was to make a judge sit in the trial of a case

New Amsterdam Casualty Co. v. James

122 Fla. 710 · Supreme Court of Florida · Dec 20, 1935

We think this clearly showed that Mr. Wilson was qualified to testify concerning the value of diamonds. … The next contention is that the evidence was not sufficient to establish the occurrence of the 'alleged burglary.

Ex parte Senior

37 Fla. 1 · Supreme Court of Florida · Jan 15, 1896

Rep. 305, clearly demonstrate that a broad and liberal construction of such provisions should obtain in furtherance of the right sought to be secured. … An accomplice admits his guilt and seeks to implicate others, and it is not apparent why he should claim immunity from exposure.about the very matter which he is willing to confess.

Dorse v. Armstrong World Industries, Inc.

513 So. 2d 1265 · Supreme Court of Florida · Oct 15, 1987

We are persuaded that the test established by the Eleventh Circuit in Shaw should be the test used in Florida for establishing a military contractor's defense in a products liability action: A contractor may escape liability … products shown to be defective; or (2) that it timely warned the military of the risks of the design and notified it of alternative designs reasonably known by the contractor, and that the military, although forewarned, clearly

Hopkins v. State

52 Fla. 39 · Supreme Court of Florida · Jun 15, 1906

Here was a clearly implied admission that he had taken some of the things. … We think the record establishes the foregoing facts and that these facts show that Hopkins stole or embezzled the jewelry described in the indictment between Jacksonville and St.

Nils Futch v. Florida Department of Highway Safety and Motor Vehicles

41 Fla. L. Weekly Supp. 150 · Supreme Court of Florida · Apr 14, 2016

Certiorari is appropriate “only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” Id. … In doing so, the circuit court violated a clearly established principle of law.

Fred McGilvray, Inc. v. Askew

340 So. 2d 475 · Supreme Court of Florida · Dec 9, 1976

The goods become immune from state taxation when they are sufficiently committed to the export stream at the time the tax would accrue as to make certain the foreign destination. … The facts properly before the trial court negated the assertion that the goods qualified for exemption by delivery to a common carrier and likewise failed to establish through proper documents or otherwise that the property

Williams v. Oken

36 Fla. L. Weekly Supp. 202 · Supreme Court of Florida · May 5, 2011

The district courts should exercise this discretion only when there has been a violation of clearly established principle of law resulting in a miscarriage of justice. … Here, as in Abbey , the trial judge’s ruling does not amount to a violation of a clearly established principle of law resulting in a miscarriage of justice.

State Ex Rel. Davis v. Love

99 Fla. 333 · Supreme Court of Florida · Feb 14, 1930

such immunity. … This was clearly a special law, while our Constitution expressly requires that any act dealing with this subject must be a general law.

Mercer v. Hemmings

170 So. 2d 33 · Supreme Court of Florida · Jul 29, 1964

Clearly, there is nothing in this provision indicating an intention to accord to out-of-state certified public accountants the privilege of engaging on a year-round basis, through permanent offices staffed by full-time employees … decree here reviewed correctly held that the provisions of Chapter 473 requiring out-of-state certified public accountants to obtain certificates from the Board as a condition precedent to practicing in this state, are immune