Case law

& 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.

BOARD OF CTY. COM'RS OF PALM BEACH CTY. v. Hibbard

292 So. 2d 1 · Supreme Court of Florida · Mar 13, 1974

act, Palm Beach County was exempted from general state law, that is Sections 790.05 and 790.06, Florida Statutes, F.S.A. and the Sheriff of that county was granted complete authority to issue licenses to carry pistols to qualified … This transference of duties is not incidental to another primary and valid purpose of the act such as establishing a Court of Record, Tenure of Teachers, or the establishment of a Port Authority.

Johnson v. State

969 So. 2d 938 · Supreme Court of Florida · Jul 5, 2007

Hagin was clearly under the stress of her strangulation when she spoke of her children. … First, a statement need not describe or refer to the exciting event to qualify as an excited utterance.

Div. of Alcoholic Bev. v. McKesson Corp.

524 So. 2d 1000 · Supreme Court of Florida · Feb 18, 1988

We find the Exxon decision clearly distinguishable from the situation before us and question whether Exxon was properly applied by the Colorado Court in Archer Daniels. … It is undisputed that manufacturers and distributors of beverages which qualify for preferential treatment under this scheme are in direct competition with manufacturers and distributors of alcoholic beverages which do not

Mason v. State

438 So. 2d 374 · Supreme Court of Florida · Sep 8, 1983

We have held that three other people do not qualify as "many persons," see Johnson v. … The trial judge clearly erred in holding that this homicide was a great risk of danger to many persons.

Leon Davis, Jr. v. State of Florida

41 Fla. L. Weekly Supp. 515 · Supreme Court of Florida · Nov 10, 2016

Bustamante qualify as dying declarations. The evidence shows that Ms. … Of these aggravators, three are clearly established by the evidence—previous felony conviction, contemporaneous felony, and committed during the course of a robbery.

Natural Parents of JB v. FLORIDA DCFS.

780 So. 2d 6 · Supreme Court of Florida · Feb 22, 2001

Petitioners have failed to meet their heavy burden to overcome the presumption in favor of the *12 validity of the statute and have failed to demonstrate that the statute clearly and unconstitutionally usurps the public's … The majority begins its analysis by finding that juvenile proceedings have been historically closed to the public, and therefore no qualified right of access exists for the termination of parental rights proceedings.

Witt v. State

387 So. 2d 922 · Supreme Court of Florida · Jul 24, 1980

Williams, 430 U.S. 387 , 97 S.Ct. 1232 , 51 L.Ed.2d 424 (1977) — is the only claim which, on its face, could qualify for relief under Rule 3.850. … United States, 417 U.S. 333, 334-41 , 94 S.Ct. 2298, 2299-02 , 41 L.Ed.2d 109 (1974). [16] The Court found that Davis' claim qualified under this test. Id. at 347 , 94 S.Ct. at 2305 . [17] See Roy v.

Sullivan v. McMillan

26 Fla. 543 · Supreme Court of Florida · Jun 15, 1890

An acceptance of the logs under and in the spirit of this demand, or without qualifying words, would doubtless have implied an assent to plaintiffs’ view of the contract; but under the circumstances of this case, it is impossible … Denton, supra), without being accompanied by any correspondence between the parties, is clearly distinguishable from the case at bar.”

Martin v. Tindell

98 So. 2d 473 · Supreme Court of Florida · Nov 13, 1957

The facts of this case clearly show that the plaintiff was negligent. … The establishment of a causal connection between the fall and the thrombosis is doubtful even if the "history of the case" as declared to Dr. Burtner is taken as established by competent evidence.

Gilbert Dudley, III v. State of Florida

39 Fla. L. Weekly Supp. 335 · Supreme Court of Florida · May 15, 2014

Graham, III, a psychologist who does evaluations for a number of different governmental agencies and who has been qualified as an expert witness in court many times. … In my view, the Legislature intended the applicable statutory provision to establish broad protections for victims of abuse in this area.

McSween v. State Live Stock Sanitary Board

97 Fla. 750 · Supreme Court of Florida · May 9, 1929

of the State of Florida and actively engaged in the live stock industry, who shall be appointed by the Governor, and shall hold office for four years or until their successors shall have been duly appointed and qualified … Assuming the constitutionality and validity of Sec. 1 of the Act, the office of a member of the State Live Stock Sanitary Board is created and established and thereby resulting in a legally existing de jure office.

The Florida Bar v. Smith

866 So. 2d 41 · Supreme Court of Florida · Jan 22, 2004

In contrast to Smith's claim that there was no "pattern of misconduct," the record indicates that she established a pattern of neglecting her clients. … Lord, 433 So.2d 983, 986 (Fla.1983) (discipline for unethical conduct must be fair to society, which includes not denying the public the services of a qualified lawyer as a result of an unduly harsh sanction).

Leon Davis, Jr. v. State of Florida

41 Fla. L. Weekly Supp. 528 · Supreme Court of Florida · Nov 10, 2016

Bustamante appeared coherent and alert, and she spoke clearly in response to Lt. … Bustamante qualify as dying declarations. The evidence shows that Ms.

Cottle v. State

24 Fla. L. Weekly Fed. S 166 · Supreme Court of Florida · Apr 8, 1999

There is clearly no justification to give this defendant another hearing on this issue. HARDING, C.J., and WELLS, J., concur. NOTES [1] Petitioner also cites Lee v. … It qualified its ultimate holding by emphasizing the distinctive nature of the case: Zamora's detention and indictment were widely followed by the media and the case readily became a cause celebre.

In Re Certification of Need for Additional Judges

3 So. 3d 1177 · Supreme Court of Florida · Feb 26, 2009

Perhaps no other issue as clearly illustrates the relationship between an economic downturn and increased judicial workload than the mortgage foreclosure crisis. … Even though qualified for the certification of a judgeship, neither district is requesting one in the face of the current budget situation and staffing shortages.

Florida Bar re Amendment to Rules

9 Fla. L. Weekly 401 · Supreme Court of Florida · Sep 13, 1984

Committee Notes Rule History 1975 Revision: This rule is the same as prior Fla.R.P. & G.P. 5.080, broadened to include guardianships and intended to clearly permit the use of discovery practices in nonadversary probate and … ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL (a) Petition.

Joseph S. Chirillo, Jr., M.D. v. Robert Granicz, etc.

41 Fla. L. Weekly Supp. 345 · Supreme Court of Florida · Aug 25, 2016

Chirillo’s duty as “a duty to ‘use the ordinary skills, means and methods that are recognized as necessary and which are customarily followed in the particular type of case according to the standard of those who are qualified … negligent acts simply because the patient is being seen on an outpatient basis” and citing Sweet, 932 So. 2d at 365, for the proposition that “[t]he outpatient status of a person being treated for severe mental illness clearly

Stockton v. Powell

29 Fla. 1 · Supreme Court of Florida · Jan 15, 1892

That we might think the establishment of an ordinary road, or the widening or other improvement of an old one, or other exercise of firmly established instances of power entirely unnecessary, or the improvement now in question … The evidence that such notice has been published shall be established in the Legislature before such bill shall be passed.

Walton v. State

246 So. 3d 246 · Supreme Court of Florida · May 17, 2018

As to the first prong of the newly discovered evidence test, the postconviction court found that the resentencing of codefendant Cooper qualified as newly discovered evidence. … Clearly, Walton is attempting to circumvent this Court's retroactivity holding in Asay V when he asserts that Hurst constitutes a newly discovered fact and is applicable through a cumulative analysis.