Case law

First State Trust & Savings Bank v. Therrell

103 Fla. 1136 · Supreme Court of Florida · Jan 8, 1932

In this case the relation of complainant and defendant was clearly that of debtor and creditor while in the other four eases the relation of complainant and defendant was that of trustee and cestui que trust. … Inspection of the record discloses that this is a controversy among preferred claimants attempting to establish degrees in preference among them rather than a contest by certain creditors to establish a preference over other

Barrow v. Bailey

5 Fla. 9 · Supreme Court of Florida · Jan 15, 1853

If it were otherwise, this would have been established by tbe production of the letters. … This averment-, so cautiously qualified, cannot be considered as meeting the allegation of the bill of complaint.

Leonard Patrick Gonzalez, Jr. v. State of Florida

39 Fla. L. Weekly Supp. 219 · Supreme Court of Florida · Apr 10, 2014

Id. at 542-43 (stating the question presented as “whether a judge may require such notice without violating a clearly established principle of law” (emphasis added)). … Shooting deaths can qualify for the 8.

Elledge v. State

346 So. 2d 998 · Supreme Court of Florida · Apr 7, 1977

He drank heavily at a series of bars and later, after the last establishment had closed, broke into several buildings in a shopping plaza, netting about $180 in cash. … If it be appropriate to admit the testimony, then clearly it was appropriate for the prosecutor to comment upon it in arguing for the death penalty.

Green v. State

17 Fla. 669 · Supreme Court of Florida · Jan 15, 1880

The court in the bill of exceptions-in the case says: "The evidence before me as to the challenge of Bennett (the third person alleged to have been challenged by State Attorney peremptorily), clearly satisfied me that the … They must be "such as are qualified and liable to be drawn as jurors, according to the provisions of law.”

Amendments to Florida Rules of Criminal Procedure 3.852

24 Fla. L. Weekly Supp. 328 · Supreme Court of Florida · Jul 1, 1999

On September 18, 1998, this Court adopted on an emergency basis a revised version of Florida Rule of Criminal Procedure 3.852, which had been proposed by the Committee on Florida Rule of Criminal Procedure 3.852 established … The outside of the box container must clearly identify that the public record is confidential or exempt and that the seal may not be broken without an order of the trial court.

Lightbourne v. State

841 So. 2d 431 · Supreme Court of Florida · Jan 16, 2003

As the Court explained in its 1999 opinion: However, even if Carson's testimony does not establish a Brady violation, it nonetheless may qualify as newly discovered evidence that the trial court should evaluate, in light … See Lightbourne, 471 So.2d at 29 ("The record clearly indicated that the credibility of the jailhouse informants was specifically attacked by defense counsel on cross examination and by pretrial motion.").

Bould v. Touchette

349 So. 2d 1181 · Supreme Court of Florida · Jul 28, 1977

The court may review their discretion but not the amount awarded unless shown to be clearly arbitrary. * * *' "The determination of the amount of such damages is peculiarly within the province of the jury. Higbee v. … This award is not so gross as to raise the spector of bankruptcy, and is totally consistent with the guidelines established by the above authorities. See also, Sperry Rand Corp. v.

Alford v. State

47 Fla. 1 · Supreme Court of Florida · Jan 15, 1904

This was sufficient to qualify them to testify as to his character, notwithstanding they may have resided more than twenty miles from him. … This question was objected to by defendants on the ground that the proper predicate for the introduction of this testimony had not been established, which objection was overruled, to which ruling the defendants excepted.

State v. Phillips

38 Fla. L. Weekly Supp. 211 · Supreme Court of Florida · Apr 4, 2013

In September 1996, Atkinson was sentenced to five years in prison for the conviction of a qualifying offense under the Act. Atkinson, 831 So.2d at 173 . … The dissenters would recede from the Atkinson and Larimore decisions, dissenting op. at 1247, and find that “no constitutional ground has been established to preclude application of the Act to Phillips,” dissenting op. at

In re Amendments to the Florida Rules of Appellate Procedure

75 So. 3d 239 · Supreme Court of Florida · Nov 3, 2011

change] (3) Appeals to the district courts of appeal of non-final orders are limited to those that (A)-(B) [No change] (C) determine (i)-(vi) [No change] (vii) that, as a matter of law, a party is not entitled to absolute or qualified … immunity in a civil rights claim arising under federal law; or (viii) that a governmental entity has taken action that has inordinately burdened real property within the meaning of section 70.001(6)(a), Florida Statutes;

Realty Mortgage Co. v. Moore

80 Fla. 2 · Supreme Court of Florida · Jun 10, 1920

This case is clearly distinguishable from that in many respects. First, in the case jcited the grantee did not agree to assume payment; second, no showing was made that he did not assent to the extensions. … This statement in no manner qualifies what is stated in the previous paragraph, for it is to be noticed that the statement is “The mere neglect, when he has not l)een requested1” to foreclose.

Anderson v. State

841 So. 2d 390 · Supreme Court of Florida · Jan 16, 2003

Wainwright, 496 So.2d 798, 803 (Fla.1986) (comment outside the evidence—that the defendant had a preference for death—was clearly improper, but standing alone or read in combination with other improper comments cannot be … Although Anderson argues that attempt crimes can never qualify as prior violent felonies, this Court has never made such a finding.

Robinson v. State

761 So. 2d 269 · Supreme Court of Florida · Aug 19, 1999

At a hearing on July 1, 1997, prior to the date of testing, the State argued that neither of the defense experts were qualified to interpret the results of the SPECT scan and the scan is not generally accepted within the … Clearly, the existence of brain damage is a factor which may be considered in mitigation. See DeAngelo v. State, 616 So.2d 440, 442 (Fla.1993).

Wickham v. State

124 So. 3d 841 · Supreme Court of Florida · May 2, 2013

Second, Wickham cannot establish that this evidence was material and that he was prejudiced because Larry’s role in the murder and robbery was fully explored at trial, and the evidence presented clearly established that Wickham … Moreover, she repeatedly ■ emphasized throughout her testimony that, in her opinion, Wickham had an inability to plan, was insane at the time of the crime, and that he qualified for the mitigators of extreme emotional disturbance

Tafero v. State

403 So. 2d 355 · Supreme Court of Florida · Jun 11, 1981

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … Proceeding on a felony-murder theory might have been superfluous because the facts clearly demonstrated premeditation.

Bourne v. State Bank of Orlando & Trust Co.

106 Fla. 46 · Supreme Court of Florida · Jun 27, 1932

It also appears from said bill that the bank and trust company qualified as executor on March 17, 1925. … The claim of each claimant is clearly stated in their respective bills.

Atlantic Coast Line Railroad v. Shouse

83 Fla. 156 · Supreme Court of Florida · Feb 2, 1922

The witness did not answer the question as propounded, but proceeded to state such a case as neither the evidence tended to establish, nor such a case as was assumed in the hypothetical question. … The charge definitely and clearly stated the defendant’s case of contributory negligence on the plaintiff’s part as averred in the second plea.

In Re Amendments to the Florida Rules of Criminal Procedure

34 Fla. L. Weekly Fed. S 629 · Supreme Court of Florida · Nov 19, 2009

The periods of time established by this rule may be extended, provided the period of time sought to be extended has not expired at the time the extension was procured. … The names and addresses of persons listed shall be clearly designated in the following categories: (i) Category A.

Smallwood v. State

38 Fla. L. Weekly Supp. 271 · Supreme Court of Florida · May 2, 2013

The Supreme Court has clearly and repeatedly found that anything found on an arrestee or within an arrestee’s immediate control may be searched and inspected upon arrest. … Neither party contests that the search of Smallwood qualified as a "search” under the Fourth Amendment.