Case law

Wyatt v. State

71 So. 3d 86 · Supreme Court of Florida · Jul 8, 2011

For the reasons explained below, we conclude that the 2008 letter clearly qualified as newly discovered evidence; thus, the postconviction court erred in finding that the claim was procedurally barred and that the letter … In cases with facts similar to those that are presented here, “[t]his Court has established that defense counsel is entitled to rely on the evaluations conducted by qualified mental health experts, even if, in retrospect,

In Re Amendments to Fla. Rules for Mediators

762 So. 2d 441 · Supreme Court of Florida · Feb 3, 2000

It also establishes standards for determining good moral character. … A conflict of interest which clearly impairs a mediator's impartiality is not resolved by mere disclosure to, or waiver by, the parties.

Steinhorst v. State

412 So. 2d 332 · Supreme Court of Florida · Mar 4, 1982

The testimony of these witnesses was presented to establish that the victims were seen alive on the day preceding the murders. When Mrs. McAdams broke down on the witness stand, the judge ordered the jury removed. … This is a case in which it would have been proper to require the defendant, to develop his theory, to call his own witnesses, as this theory was clearly a defensive matter well beyond the scope of the direct examination.

Advisory Opinion to the Attorney General re: Limiting Government Interference with Abortion

Supreme Court of Florida · Apr 1, 2024

Let’s Help Florida, 363 So. 2d 337, 339 (Fla. 1978) (stating that the burden upon the opponent of an initiative proposal is to establish that the proposal is “clearly and conclusively defective” (quoting Weber v. … Garner, Reading Law: The Interpretation of Legal Texts (2012), a treatise devoted to the interpretation of legal text, identifies the application of the series qualifier canon as “highly sensitive to context.”

Royal Indemnity Co. v. Board of Bond Trustees

110 Fla. 338 · Supreme Court of Florida · May 31, 1933

D. 1923 and until its successor or successors are designated and qualified under the Laws' of the State of Florida. … This is a well established rule in the law of insurance.”

State v. Smith

547 So. 2d 613 · Supreme Court of Florida · Jun 22, 1989

As qualified, we answer the certified question in the affirmative and approve the decisions below. It is so ordered. EHRLICH, C.J., and OVERTON and GRIMES, JJ., concur. … First, the insertion of "act or acts" is clearly aimed at our reliance on a single act in Carawan .

Mize v. County of Seminole

229 So. 2d 841 · Supreme Court of Florida · Sep 24, 1969

The provision of general law places the decision as to location of a county seat in the qualified voters of the County. … It would be inappropriate to enjoin the County from doing something clearly within its power until it complied with admitted requirements of law. To do so would be a vain and useless exercise of equitable writ.

Hamilton Marion Mortg. Co. v. Flowers

134 Fla. 328 · Supreme Court of Florida · Oct 15, 1938

Plaintiffs, as such Receivers, were, by order of the court, authorized to institute and prosecute suits as such Receivers might deem necessary for the *331 establishment, enforcement or protection of any of the assets, securities … Unless a bill of complaint clearly shows the interest of the plaintiff, and his right to sue, the bill is without equity.

Amend. to Fla. Family Law Rules of Proc.

725 So. 2d 365 · Supreme Court of Florida · Dec 3, 1998

Next, we address whether there should be income limitations on who may qualify for assistance from the self-help programs. We conclude that such income limitations are inappropriate. … FAMILY SELF-HELP PROGRAMS (a) Establishment of Programs. A chief judge, by administrative order, may establish a self-help program to facilitate access to family courts.

Renee B. v. FL. AGENCY FOR HEALTH CARE

790 So. 2d 1036 · Supreme Court of Florida · Jul 12, 2001

In 1965, Congress established the federal Medicaid program when it enacted Title XIX of the Social Security Act. See 42 U.S.C.A. § 1396 . … Section 409.908 gives AHCA the authority to establish rules for reimbursement in accordance with state and federal law. In Harris v.

Brooks v. State

918 So. 2d 181 · Supreme Court of Florida · Jun 23, 2005

The State clearly established the motive of pecuniary gain and the guilty knowledge attributable to Brooks through the content of his police statements. … State, 717 So.2d 462 (Fla.1998), *224 is also clearly inapposite.

Jews for Jesus, Inc. v. Rapp

33 Fla. L. Weekly Supp. 849 · Supreme Court of Florida · Oct 23, 2008

"`The interest protected' in permitting recovery for placing the plaintiff in a false light `is clearly that of reputation, with the same overtones of mental distress as in defamation.'" … Tribune Co., 108 Fla. 177 , 146 So. 234, 238 (1933) (qualified privilege for defamatory statements republished by a defendant); Abraham v.

Reed v. State

875 So. 2d 415 · Supreme Court of Florida · Apr 15, 2004

The circuit court clearly found this testimony insufficient to establish the prejudice prong of Strickland , and we agree. … He's been qualified as a person to make a fingerprint latent comparison analysis to say whether or not a print came from the same person.

Rafael Andres v. State of Florida

254 So. 3d 283 · Supreme Court of Florida · Sep 20, 2018

FACTS The evidence introduced at trial during the guilt phase established the following facts. … Thus, the transcript of the deposition clearly shows that Ruiz was not confused as to either the defense question or his answer.

Thomas v. State

58 Fla. 122 · Supreme Court of Florida · Jun 15, 1909

persons were found to be disqualified or exempt from jury duty and were discharged or excused from service by the court, and that thereupon the grand jury of eighteen persons were selected from the remaining twenty-eight qualified … an appellate court, but the credibility of the evidence to prove the circumstances, as well as the credibility of conflicting evidence, are questions for the trial court, not reviewable by us, unless the court below has clearly

Jaimes v. State

35 Fla. L. Weekly Supp. 710 · Supreme Court of Florida · Dec 9, 2010

Here, because no objection was made to the court’s erroneous instruction at trial, the error must qualify as “fundamental” in order to be considered on appeal. … The guilty verdict in this case clearly “could not have been obtained without the assistance of the alleged error.” Delva, 575 So.2d at 645 (quoting Brown, 124 So.2d at 484 ).

William Joyce v. Federated National Insurance Company

228 So. 3d 1122 · Supreme Court of Florida · Oct 19, 2017

Lastly, Quanstrom reiterated the caps established in Rowe and lowered the multiplier range to 1.0 to 2.5 (down from the 1.5 to 3.0 range established in Rowe). Id. … Based on the testimony presented, the trial court found that the Joyces’ attorney is highly qualified.

Farina v. State

937 So. 2d 612 · Supreme Court of Florida · Jul 6, 2006

A: Everyone must submit himself to the governor of authorities for there is no authority except for which God has established. The authorities that exist have been established by God. … Head, 253 F.3d 1349 (11th Cir. 2001), granting federal habeas relief, the court reasoned that the state court's decision denying relief was "contrary to ... clearly established Federal law, as determined by the Supreme Court

Victor Villanueva v. State of Florida

Supreme Court of Florida · Jul 7, 2016

The first is the well-established rule that we are not at liberty to add to a statute words that the Legislature itself has not used in drafting that statute. Lawnwood Med. Ctr., Inc. v. … The Third District correctly noted that section 948.30 does not clearly provide an answer to the question posed to this Court: whether any of the enumerated conditions in the statute can be imposed upon a person who has

Olmstead v. Federal Trade Commission

35 Fla. L. Weekly Supp. 357 · Supreme Court of Florida · Jun 24, 2010

Furthermore, a transferring member no longer qualifies under the statutory definition of "member" upon a transfer of the entire economic interest. See § 608.402(21), Fla. … Sea Isle Hotel, 56 So.2d 341, 342 (Fla.1952) ("We apprehend that had the legislature intended to establish other exceptions it would have done so clearly and unequivocally.. . .