Case law

In Re Advisory Opinion to the Governor

12 Fla. L. Weekly 240 · Supreme Court of Florida · Jul 14, 1987

Clearly, the state can directly assess fees and costs for access to the court system only when such fees and costs are directly related to the administration of justice. … A statute which retroactively turns otherwise *315 profitable contracts into losing propositions is clearly such a prohibited enactment.

State ex rel. Florida Bar v. Hathaway

145 So. 2d 483 · Supreme Court of Florida · Oct 12, 1962

The referee’s report further stated that the evidence shows that very soon after respondent qualified as executor he cashed about $16,000 in bonds belonging to the estate and by the end of September a few months later had … However, the opinions of the cited cases seem clearly to establish that the rule of law in this State is to the contrary, and it is the intention of the Referee to render a decision in conformity with the facts and the law

San Martin v. State

717 So. 2d 462 · Supreme Court of Florida · Jun 11, 1998

State, 689 So.2d 1026, 1029 (Fla.1995), any error in this regard was clearly harmless. … These factors were established by the testimony and evaluations *472 of Drs. Herrera and Lourenco. The State's expert Dr.

In re Advisory Opinion to Governor

120 Fla. 142 · Supreme Court of Florida · Jun 19, 1935

“All State, County and Municipal officers shall continue in office after the expiration of their official terms until their successors are duly qualified.” Sec. 14, Art. … L. ; Section 45, Article V, Constitution, considered with other applicable provisions, clearly contemplates that the duly authorized number of Circuit Judges for the respective fifteen Judicial Circuits provided for under

Sweet v. Moore

822 So. 2d 1269 · Supreme Court of Florida · Jun 13, 2002

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), because this Court concluded on direct appeal that the evidence presented at trial clearly established the existence of the avoid arrest aggravator beyond … This Court concluded on direct appeal that the avoid arrest aggravator was established beyond a reasonable doubt. See Sweet, 624 So.2d at 1142 .

Burnett v. Greene

105 Fla. 35 · Supreme Court of Florida · Jun 17, 1931

The act clearly provides for objections to the formation or establishment of the district to be filed. … If they are filed the discretion is clearly attempted to be vested in the judge as to whether he will order or decree the establishment of the district.

Robert B. Leftwich v. Florida Department of Corrections

39 Fla. L. Weekly Supp. 565 · Supreme Court of Florida · Sep 18, 2014

Under the statute, qualified inmates could receive provisional credits applied to their sentence any time the prison population reached a certain threshold. § 944.277(l)(g), Fla. Stat. (Supp.1988). … The plain language of the statute clearly expresses the legislative intent that all habitual offenders be precluded from acquiring provisional credits for any sentence.

McCoy v. State

853 So. 2d 396 · Supreme Court of Florida · Aug 21, 2003

Certainly, this qualifies as "an independent pretrial determination of the accuracy of the transcript." Martinez, 761 So.2d at 1086 . … Clearly, the trial court did not limit cross-examination of Marcel as to this issue; therefore, no relief is warranted.

Tavares J. Wright v. State of Florida

256 So. 3d 766 · Supreme Court of Florida · Sep 27, 2018

Therefore, any discussion of Salazar or its potential conflict with Oats is unnecessary here, particularly because Wright clearly failed to establish either prong at issue. … This guidance, albeit muddled, is clearly a far cry from the bright-line prohibition that Justice Pariente reads into the language.

Buzia v. State

82 So. 3d 784 · Supreme Court of Florida · Dec 8, 2011

Buzia’s expert established only that Buzia could not be excluded. … Clearly, the evidence shows that the State did not timely test the sample of Buzia’s blood drawn at the time of his arrest.

Cross v. State

96 Fla. 768 · Supreme Court of Florida · Dec 12, 1928

As a prerequisite to the introduction in evidence of a confession of the accused, the corpus delicti need be established only prima facie, though its establishment beyond a reasonable doubt is necessary to support a conviction … They are clearly not for the establishment of guilt. The question of guilt is not reopened. ’ ’ State v. Graham, 69 So. E. R. 1010; 40 L. R. A. (N. S.) 924. See also Graham v. West Virginia, 224 U. S. 616 , 56 L.

Brown v. State

719 So. 2d 882 · Supreme Court of Florida · Oct 15, 1998

So qualified, I concur with the majority decision. Id. at 1054 (Shaw, J., specially concurring in an opinion joined by Overton, Ehrlich and Barkett, JJ.). … Clearly, the adoption of an analysis of Federal Rule of Evidence 403 by a five-to-four majority of the United States Supreme Court does not come within Justice Overton's Perez stare decisis analysis as providing the basis

Clay Elec. Co-Op., Inc. v. Johnson

873 So. 2d 1182 · Supreme Court of Florida · Dec 18, 2003

Rensselaer Water Co., 247 N.Y. 160 , 159 N.E. 896 (1928), Clay Electric is immune from liability to third parties. We disagree. … The court held that the decision was a "discretionary act" subject to governmental immunity. Id. at *3.

Shell Oil Co. v. Department of Revenue

11 Fla. L. Weekly 185 · Supreme Court of Florida · Apr 24, 1986

However, it also recognizes that Congress can expand the immunity from state taxation beyond this constitutional limitation. See United States v. … As clearly required by the OCS Act, Louisiana's sovereign interest in the development of offshore mineral interests stops at its 3-mile border. Id.

Wooten v. Bellinger

17 Fla. 289 · Supreme Court of Florida · Jun 15, 1879

The vendor’s lien is regarded by some of the courts as in the nature of an equitable mortgage, inherent in the contract of sale and qualifying the ownership of the vendee, (2 Rob. … Gamble and Poole, 15 Fla., 562 ,) and claims that it establishes the doctrine jbhat a mortgage is in equity a charge upon the products of the land as well as upon the land itself, and his deduction is that a mortgage upon

Henry v. State

38 Fla. L. Weekly Supp. 773 · Supreme Court of Florida · Oct 31, 2013

The postconviction court held a Huff 3 hearing on June 3, 1999, and granted an evidentiary hearing on his claim alleging ineffective assistance of counsel for failure to have qualified expert mental health professionals assist … When a claim of newly discovered evidence is asserted, a defendant must establish two things: First, the defendant must establish that the evidence was not known by the trial court, the party, or counsel at the time of trial

Morgan v. State

415 So. 2d 6 · Supreme Court of Florida · Mar 18, 1982

We are satisfied that all persons selected were qualified; none were subject to challenge for cause. … The trial court's ruling should not be held to require reversal unless "clearly erroneous and prejudicial." Id. at 662 , 122 So. at 115 .

McCollum v. State

74 So. 2d 74 · Supreme Court of Florida · Jul 20, 1954

Before the enactment of the preceding statutes, the nature of the view in this jurisdiction was clearly defined. As is stated in Washington v. … The law has been established by the legislature that the defendant is of right entitled to have the trial judge present at the view.

Kilgore v. Bird

149 Fla. 570 · Supreme Court of Florida · Feb 24, 1942

It seems to me that the last paragraph of the opinion above quoted clearly holds that such a writ of prohibition as is here applied for does not lie. … It merely qualified out former holdings to the effect that in no case could a judgment of reversal be reviewed on certiorari. This case was cited with evident approval in Bringley v. C. I. T.

The Florida Bar v. Bryant

27 Fla. L. Weekly Supp. 166 · Supreme Court of Florida · Feb 21, 2002

The Bar's argument that other evidence exists in the record tending to establish the rule violations is without merit. … See id. at 1048 ("[A] party does not satisfy [its] burden of showing that a referee's findings are clearly erroneous by simply pointing to the contradictory evidence where there is also competent, substantial evidence in