Case law

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.

Nelson v. State

748 So. 2d 237 · Supreme Court of Florida · May 27, 1999

to have gained general acceptance in the particular field in which it belongs" under the Frye [2] test, (3) whether the particular expert witness is qualified to present opinion evidence on the subject in issue, and, if … Unlike statutory mitigation that has been clearly defined by the legislature, nonstatutory mitigation may consist of any factor that could reasonably bear on the sentence.

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.

Florida Parole Commission v. Spaziano

35 Fla. L. Weekly Supp. 582 · Supreme Court of Florida · Oct 14, 2010

judgment, a mandamus petition seeking the correct calculation of a prisoner’s PPRD is analogous to an action raising a gain time issue, because a PPRD imposed outside the maximum matrix time range for a specific offense clearly … Section 57.085 also provides that the court may dismiss all or part of an indigent prisoner’s claims if it finds that the action fails to state a cause of action, seeks monetary relief from a defendant immune from suit, or

Armstrong v. City of Tampa

118 So. 2d 195 · Supreme Court of Florida · Feb 24, 1960

The factual situation is clearly delineated in the opinion of the Court of Appeal. … When a local tax is levied upon local incidents which do not establish conditions precedent to the entry of commerce into the taxing state, then the local incidents may be and often are sufficient local jurisdiction contacts

Florida Bar re Amendments to the Rules Regulating the Florida Bar

519 So. 2d 971 · Supreme Court of Florida · Oct 22, 1987

Any fee in excess of 25% shall be presumed to be clearly excessive. *977 3. … Disputes over fees If a procedure has been established for resolution of fee disputes, such as an arbitration or mediation procedure established by the bar, the lawyer should conscientiously consider submitting to it.

Kincaid v. World Insurance Co.

157 So. 2d 517 · Supreme Court of Florida · Oct 16, 1963

She married Kincaid, qualified as guardian for Danny and David Stuckey and brought these suits in their behalf. The suits were consolidated for trial and for the purpose of review. … In the Security case, as to the face of the policy and the mortgage redemption features, when petitioner establishes a prima facie case of accidental death, the burden shifts to the insurance company to establish its affirmative

White v. State

729 So. 2d 909 · Supreme Court of Florida · Mar 11, 1999

We rejected appellant's claim for relief, concluding that "[t]he charge which may have limited the jury to a consideration of statutory mitigating circumstance was clearly harmless." White v. … In place of Chapman, the Court substituted the standard established by Kotteakos v.

J.B., Etc. v. Florida Department of Children and Families

40 Fla. L. Weekly Supp. 416 · Supreme Court of Florida · Jul 9, 2015

Under Strickland, to establish that counsel provided constitutionally ineffective assistance, the defendant must establish that (a) counsel’s performance was deficient by showing counsel “made errors so serious that counsel … a parent to establish that the attorney’s performance or lack of performance so 3.

Swartz v. McDonald's Corp.

26 Fla. L. Weekly Supp. 350 · Supreme Court of Florida · May 24, 2001

The dissent stated, however, that the record clearly established that transporting the booth was a business purpose. See id. (Benton, J., dissenting). … Swartz contends that the JCC's finding that she was not engaged in an employment-related duty was clearly erroneous and unsupported by the record.

Sloan v. Sloan

25 Fla. 53 · Supreme Court of Florida · Jan 15, 1889

McNealy, clearly nothing • in this that makes real estate assets, or gives power to sell it as such or limits the power of the Legislature to prescribe the conditions upon which the right to sell it shall attach. … That these “ full surrogate and probate powers ” are subject to appeal does not qualify or impair what we have said in the preceding sentence. But what follows in this section ?

Bigham v. State

995 So. 2d 207 · Supreme Court of Florida · Jul 10, 2008

He was properly qualified as an expert before the court and jury in questioning by the State. … Because the record clearly demonstrates that Bigham agreed that the jurors could be released, we find no reversible error.

Henry v. State

586 So. 2d 1033 · Supreme Court of Florida · Aug 29, 1991

The sufficiency and propriety of the predicate for a dying declaration is a mixed question of law and fact, and a trial court's determination of the issue will not be disturbed unless clearly erroneous. Teffeteller v. … Contrary to Henry's argument, we also find the aggravating factors to have been established beyond a reasonable doubt.

State v. Townsend

635 So. 2d 949 · Supreme Court of Florida · Apr 21, 1994

Today, this type of testimony is allowed only after a determination has been made that the testimony is clearly reliable. … (b) In a criminal action, the defendant shall be notified no later than 10 days before trial that a statement which qualifies as a hearsay exception pursuant to this subsection will be offered as evidence at trial.

Corn v. State

332 So. 2d 4 · Supreme Court of Florida · Mar 19, 1976

His activity is clearly within the purview of that conduct sought to be prohibited by the statute. … The other decisions cited are clearly distinguishable. In Finch v.

Matter of Interest on Trust Accounts

402 So. 2d 389 · Supreme Court of Florida · Jul 16, 1981

But first, a note of frustrated fatalism is clearly in order. … Clients' trust funds may be invested in savings accounts of qualified financial institutions, but not in U.S. government or other securities; 4.

Knight v. State

721 So. 2d 287 · Supreme Court of Florida · Nov 12, 1998

His actions clearly indicate however that he ordered them back into the car, told them to drive to an even more secluded area and executed them. … The judge then properly exercised his discretion and determined that the nonstatutory mitigation had been established. Chandler, 702 So.2d at 201 .

Atlantic Coast Line Railroad v. Dees

56 Fla. 127 · Supreme Court of Florida · Jun 15, 1908

Because it does not appear from the examination of the witness, so far, that he is qualified as an expert, if the testimony is offered for that purpose. 3. … We have repeatedly held it is the duty of a party resorting to an appellate court to make the errors complained of clearly to appear, if they in truth exist. See Ropes v. Stewart, 54 Fla. 185 , 45 South.

Bunney v. State

603 So. 2d 1270 · Supreme Court of Florida · Jul 2, 1992

In the present case, Bunney simply sought to show that he committed the crime during the course of a minor epileptic seizure. [1] A jury is eminently qualified to consider this. … intended for capital felonies to be a consideration at sentencing on noncapital crimes, they simply would have said so on the scoresheets, as they did with every other class of felony. [5] Instead, the Commission stated clearly

Johnson v. State

608 So. 2d 4 · Supreme Court of Florida · Oct 1, 1992

Moreover, "testimony is admissible on redirect which tends to qualify, explain, or limit cross-examination testimony." Tompkins v. … The court found that none of the mitigators had been established by the evidence.