Case law

City of Lake Worth v. First Nat. Bank in Palm Beach

93 So. 2d 49 · Supreme Court of Florida · Feb 6, 1957

As to defendant Baker's complaint that it was error to deny his motion to inspect a report made by a detective agency in the employ of the City, we find the lower court's ruling so clearly within the "work product" rule laid … delivering the original receipt to the person paying the money and turning the duplicate over to the city clerk at the time of his monthly settlement with that officer. * * * * * * "(j) To invest or deposit in banks when qualified

Florida Bar v. Lobasz

36 Fla. L. Weekly Supp. 47 · Supreme Court of Florida · Feb 3, 2011

Further, Lobasz conducted a direct examination of Gaspar-Martinez because Cahill did not understand the foundation needed to qualify Gaspar-Martinez for voluntary departure. … To succeed in challenging a referee’s finding of fact, the party, in this case the Bar, must establish that there is a lack of evidence in the record to support the finding or that the record clearly contradicts the referee

Roberts v. State

12 Fla. L. Weekly 325 · Supreme Court of Florida · Jul 2, 1987

To hold otherwise would allow Roberts to benefit from this clearly invited error. … consent by the victim is at issue, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence tends to establish a pattern of conduct or behavior on the part of the

Livingston v. State

441 So. 2d 1083 · Supreme Court of Florida · Oct 27, 1983

This Court has clearly held that a lawyer's request for a general disqualification of a judge will not be granted. In Ginsberg v. … Appellant asserts that the testimony *1088 concerning the Pensacola offense does not qualify as similar fact evidence under the guidelines of Williams v.

Dufour v. State

69 So. 3d 235 · Supreme Court of Florida · Aug 25, 2011

In return for immunity from several armed robbery charges, Miller testified that [Dufour] had told him of the murder in some detail, and that [Dufour] had attempted to procure through him witness Stacey Sigler's death for … Specifically, in making its determination, the circuit court utilized the proper methodology of examining all evidence pertaining to a possible deficit in adaptive behavior for Dufour, including evidence of Dufour's strengths that clearly

State ex rel. West v. Gray

70 So. 2d 471 · Supreme Court of Florida · Feb 16, 1954

been established, by the decision in the Ayres case, that the 1954 election for Governor will be held. … Gay, 158 Fla. 465 , 28 So.2d 901 , is distinguishable clearly or at all from the instant suit upon the merits.

Floyd v. State

850 So. 2d 383 · Supreme Court of Florida · Jun 12, 2003

and that the trial court clearly understood the request and just as clearly denied [it]"). … After the trial judge and the State asked qualifying questions, LaJade was sworn as a witness. The defense did not object. [8] In the chronology of the trial, Jeanette Figuero testified before J.J.

Collins v. State

13 Fla. 651 · Supreme Court of Florida · Jul 1, 1869

The judge in this case charged the jury that certain facts were “ fully established.” … These facts were in issue, and it was the exclusive province of the jury to determine whether they were “ fully established ” by the testimony.

The Miami Battlecreek v. Lummus, Jr.

140 Fla. 718 · Supreme Court of Florida · Nov 21, 1939

All exemptions, being in the nature of special privileges or immunities, must be strictly construed in favor of the Sovereign in order to confine such exemptions to the limitations prescribed by said Sovereign; otherwise … Exemptions from taxation, being in the nature of special privileges, are viewed with disfavor by the courts unless it clearly appears that they are upon property being held and used solely and exclusively for a purpose or

Columbia Casualty Co. v. Hare, Et Vir.

116 Fla. 29 · Supreme Court of Florida · Jul 30, 1934

The declaration in the original suit claimed negligence by the insured, its agents and servants, in such manner as to come clearly under the terms of the policy and, therefore, the plaintiff contended, and contends, that … The boy’s father qualified as administrator and brought suit against the assured. Assured gave notice of the accident and of the suit to the Company. The Company refused to assume responsibility and denied liability.

PNR, Inc. v. Beacon Property Management, Inc.

28 Fla. L. Weekly Supp. 229 · Supreme Court of Florida · Mar 13, 2003

However, when each of the terms designating proscribed conduct is afforded operation, the Florida Legislature's intent to protect against misdeeds directed to a single party, as well as behavior directed to multiple parties, clearly … No such language qualifies the private right of action provided under the FDUTPA.

State Ex Rel. Cunningham v. Davis

123 Fla. 41 · Supreme Court of Florida · Feb 25, 1936

Starry, are insufficient and in substance are admissions of the allegations of the alternative writ; that the relators upon the face of the proceedings in this case are clearly entitled to the peremptory writ under the doctrine … The rule of the jungle beast would be established. Natural law would be man’s only measure of activity in any enterprise.

Watts v. Clardy

2 Fla. 369 · Supreme Court of Florida · Jan 5, 1848

The terms are not technical nor appropriate, and being used in connection with other terms of clear, unequivocal legal import, shall not be allowed to qualify the meaning. … The same doctrine has been established in Virginia. In the case of Warners vs.

Gieske v. Marin

123 Fla. 870 · Supreme Court of Florida · Sep 25, 1935

The law applicable to this case appears to be clearly stated in 14 C. … Under it, stockholders in another state, who could not be reached by personal service, were immune from liability, and the entire burden was cast upon local stockholders.

In re Amendments to the Florida Probate Rules

17 Fla. L. Weekly Supp. 636 · Supreme Court of Florida · Sep 24, 1992

Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. … ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL (a) Proceeding. The establishment and probate of a lost or destroyed will shall be in one proceeding. (b) Petition.

Owenby v. City of Quincy

95 So. 2d 426 · Supreme Court of Florida · Apr 24, 1957

The evidence clearly establishes that it was the intention of the city, as expressed by Mr. … Certainly it cannot be said that the parties agreed that a park tmd playground would be established.

Baptiste v. State

995 So. 2d 285 · Supreme Court of Florida · Sep 18, 2008

I believe that the failure to follow the majority's suggested procedure clearly should not be sanctioned. … Clearly, finding there to be a waiver under this circumstance is fundamentally unfair. [9] Art. I, § 12, Fla. Const.

Passett v. Chase

91 Fla. 522 · Supreme Court of Florida · Mar 18, 1926

It would appear from the foregoing that the plaintiff in error was unlawfully restrained of his liberty, and that he was clearly entitled to be discharged from custody, provided the said court before which the habeas corpus … since the alleged fugitive was not, at the time the writ in question issued, in the custody of the United States, by any of their tribunals or officers the court or judge issuing it did not violate any right, privilege or immunity

State ex rel. Bisbee v. Drew

17 Fla. 67 · Supreme Court of Florida · Jan 15, 1879

The Governor, ( 39 Mo., 388 ,) it is said that the issuing of a commission is clearly a political power. … It is not a case of personal immunity from arrest for a breach of the criminal laws, and we cannot anticipate the case of a personal resistance or rebellion by the Governor against the State, and against the ordinary enforcement

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc. Corrected Opinion

Supreme Court of Florida · Sep 17, 2015

See Jimenez, 997 So. 2d at 1065 (“[T]rial counsel was clearly not deficient for the failure to discover information that was neither exculpatory nor impeaching.”). … “While this Court has recognized that the recantation of a witness may under some circumstances qualify as newly discovered evidence, see Wyatt v.