Case law

In Re Amendments to Florida Rules of Juvenile Procedure

939 So. 2d 74 · Supreme Court of Florida · Sep 21, 2006

If this court later finds that the parents have not complied with the conditions of supervision imposed, the court may, after a hearing to establish the noncompliance, but without further evidence of the state of dependency … Further, the court finds that termination of parental rights of the parent(s), .....name(s)....., is clearly in the manifest best interests of the child(ren).

League of Women Voters of Florida v. Rick Scott, Governor

257 So. 3d 900 · Supreme Court of Florida · Nov 16, 2018

(“Uniform rules of procedure shall be established by the judicial nominating commissions at each level of the court system.”). … This Court has clearly and repeatedly explained these rules of construction: We begin by observing that the polestar of constitutional construction is voter intent. City of St. Petersburg v.

First Baptist Church v. American Board of Commissioners for Foreign Missions

66 Fla. 441 · Supreme Court of Florida · Dec 10, 1913

The appellant’s brief contains the following statement, in which the appellees have concurred: “The two and only questions raised by the pleadings for the decision of this court are the issues fairly and clearly joined: First … I have stated very succinctly the salient facts which we consider established by the evidence.

State v. McBride

848 So. 2d 287 · Supreme Court of Florida · May 15, 2003

In my view, the reason for the struggle to make well-established legal principles fit into the rule 3.800(a) framework is because neither doctrine is suited to the unique jurisprudential concerns regarding illegal sentences … We recognized *294 that "clearly the class of errors that constitute an `illegal' sentence that can be raised for the first time in a postconviction motion decades after a sentence becomes final is a narrower class of errors

Roberts v. State

678 So. 2d 1232 · Supreme Court of Florida · Jun 6, 1996

Haines' recanted testimony qualifies as newly discovered evidence because "the asserted facts `must have been unknown by the trial court, by the party, or by counsel at the time of trial, and it must appear that defendant … I believe that the majority is clearly incorrect in accepting this as an established fact.

Kirk v. Baker

224 So. 2d 311 · Supreme Court of Florida · Apr 15, 1969

This and other decisions have to that extent qualified the earlier requirement in Armstrong v. City of Tampa, Fla. 1958, 106 So.2d 407 , that the decree undertake to explain or define the constitutional language." … NOTES [1] "Appointment of Solicitor by the Judge. — Whenever there shall be a vacancy in the office of county solicitor in any of the counties of this state in which a criminal court of record is established, either by reason

Valdez v. State Ex Rel. Farrior

142 Fla. 123 · Supreme Court of Florida · Feb 27, 1940

This law clearly and specifically sets out the purpose of pari-mutuel racing in Nebraska, and nothing therein indicates that the bars are to be thrown down, as the defendants argue, to permit gambling in Nebraska upon horse … It is generally established that the courts will not inquire into motives which actuate plaintiff in bringing suit.

Chicken'N'Things v. Murray

329 So. 2d 302 · Supreme Court of Florida · Mar 17, 1976

The record indicates a lawful basis to establish benefits equal to 50% of that ordered by the Judge of Industrial Claims, but there is insubstantial evidence to support an award of benefits of 100%. … She is not qualified to perform work which would be compatible with her physical limitations and disability. Based upon the testimony of Mr. Spagnoli, Mr.

Amendments to the Florida Rules of Judicial Administration

25 Fla. L. Weekly Supp. 1037 · Supreme Court of Florida · Oct 5, 2000

The plan shall ensure that all court reporting services are provided by qualified persons. … A clearly labeled computer diskette, in a format approved by the supreme court, containing the proposed rule changes in legislative format shall be filed with the report. (46) The supreme court shall establish a date during

Cole v. State

35 Fla. L. Weekly Supp. 153 · Supreme Court of Florida · Mar 11, 2010

She claims that although the murders did qualify as HAC, the aggravating factor could not be vicariously applied to her based on the manner of death that her codefendants chose. … Although the record clearly demonstrates that the manner in which Susan Martin was murdered may qualify as HAC under our previous case law, we conclude that the evidence does not support the application of that aggravating

Advisory Opinion Re Term Limits Pledge

23 Fla. L. Weekly Supp. 505 · Supreme Court of Florida · Oct 1, 1998

Thus, presently the Florida Statutes, not the Florida Constitution, establish the Secretary of State as "the chief election officer of the state." § 97.012, Fla. Stat. (1997). … In my view, it is clearly within our authority to state that a proposed state constitutional initiative is unconstitutional under the United States Constitution.

Sanderson v. Jones

6 Fla. 430 · Supreme Court of Florida · Apr 15, 1855

Clancy, (p. 269) after a very learned investigation of the whole subject and a review of the cases, says: “ All these cases clearly prove that there must be a manifest intention evinced by the language of the donor that the … At law, the wife’s being and rights are merged in the husband, and hence his possession for the joint use of himself and wife for life, made the property for that time his entire qualified legal estate.”

Martinez v. Scanlan

582 So. 2d 1167 · Supreme Court of Florida · Jun 6, 1991

there is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity … "In those relatively rare circumstances where established precedent is overruled, the doctrine of nonretroactivity allows a court to adhere to past precedent in a limited number of cases, in order to avoid `jolting the expectations

Johnson v. State

37 Fla. L. Weekly Supp. 673 · Supreme Court of Florida · Nov 8, 2012

The court further concluded that Johnson had failed to establish prejudice because much of the information testified to by Ms. … Hammock was expressed clearly, articulately, and credibly by Johnson’s family members during his penalty phase trial.

FLORIDA DOT v. Armadillo Partners, Inc.

849 So. 2d 279 · Supreme Court of Florida · Apr 24, 2003

Additionally, rules adhered to by Florida courts ensure that purported experts are properly qualified, see Brooks v. … The majority fails to heed this well-accepted principle in deeming admissible the testimony of the Department of Transportation's expert in the face of record evidence clearly establishing he did not consider the value of

Hull v. Burr

58 Fla. 432 · Supreme Court of Florida · Jun 15, 1909

Our purpose in doing this is to show clearly just what points are presented to us for consideration and determination. … This fact clearly differentiates the instant case from Brown v. Snell, 6 Fla. 741 ; Endel v. Walls, 16 Fla. 786 ; Berlack v. Halle, 22 Fla, 236, S. C. 1 Amer. St. Rep. 185; Ashmead v.

Castillo v. EI Du Pont De Nemours & Co., Inc.

28 Fla. L. Weekly Supp. 538 · Supreme Court of Florida · Jul 10, 2003

Clearly, the Castillos' experts did utilize differential diagnosis, and as amici admit, this was a generally accepted method for addressing specific medical causation. … Howard was qualified. We agree with the Third District that Dr.

Wofford v. Wofford

129 Fla. 445 · Supreme Court of Florida · Oct 18, 1937

Wofford left to her sons; (c) which of the two sons was better qualified to manage the hotel; (d) ownership of one share of the stock previously issued to P. G. … Can an express trust be established solely by parol evidence? “Question 6. Is it sufficient to allege fraud in general terms ? “Question 7.

In Re: Amendments to the Florida Rules for Certified and Court-Appointed Mediators

Supreme Court of Florida · Sep 12, 2024

The following table is intended to illustrate the point system established in this rule. … However, if a conflict of interest clearly impairs a mediator’s impartiality, the mediator shallmust withdraw regardless of theany express agreement of the parties. (d) Conflict of Interest.

& SC15-2292 Venice HMA, LLC d/b/a Venice Regional Medical Center v. Sarasota County and Sarasota Doctors Hospital, Inc. v. Sarasota County

228 So. 3d 76 · Supreme Court of Florida · Jul 6, 2017

We also considered Webster’s Seventh New Collegiate Dictionary, which defined “privilege” as “a right or immunity granted as a peculiar benefit, advantage, or favor.” … Clearly, the Legislature could not pass a special law requiring millions of local tax dollars to be paid to the Local Hospital and the ABC Hospital Corp. by name, and no other hospital in the state.