Case law

The Florida Bar v. McCain

330 So. 2d 712 · Supreme Court of Florida · Mar 24, 1976

case, I agree that this Court has constitutional authority to consider respondent's conduct while a Justice of this Court and a judge of the Fourth District Court of Appeal, in order to determine whether he is presently qualified … I do not mean to imply that a judge enjoys absolute immunity.

State Ex Rel. Davis v. Love

99 Fla. 333 · Supreme Court of Florida · Feb 14, 1930

such immunity. … This was clearly a special law, while our Constitution expressly requires that any act dealing with this subject must be a general law.

Whitaker v. Parsons

80 Fla. 352 · Supreme Court of Florida · Jul 30, 1920

, was then and there, in full force and effect, and before said time a special election had been called and held in Escambia County, Florida, according to the laws governing special elections, at which a majority of the qualified … reasons: That said purported Act is violative of the 14th Amendment to the Constitution of the United States, in that it deprives the petitioner of his liberty without due process of law, and abridges his privileges and immunities

Osterndorf v. Turner

426 So. 2d 539 · Supreme Court of Florida · Feb 3, 1983

Such a result would be clearly impermissible. Id. at 2314-15 (footnotes omitted) (emphasis added). … Subsection (3)(d) was, however, clearly placed in issue by the petitioner's pleadings.

Reynolds v. State

842 So. 2d 46 · Supreme Court of Florida · Dec 19, 2002

man or woman" and "governmental fine or penalty" mean "qualified man or qualified woman" and "governmental fine or governmental penalty, respectively." … Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his part in an investigation of cruelty to animals.

Barfield v. State

402 So. 2d 377 · Supreme Court of Florida · Jun 11, 1981

The combined effect of this evidence clearly established appellant's guilt and rendered the diagram and accompanying statements merely cumulative. … The record clearly establishes that the trial court took these factors into consideration and conducted an extensive evidentiary hearing on appellant's motions for suppression and continuance.

Dept. of Health & Rehab. Services v. S.

20 Fla. L. Weekly Supp. 23 · Supreme Court of Florida · Jan 12, 1995

"Serious nature," the qualifying term for the act charged, is not defined. Neither is the term "requiring the intervention of the department or the court" circumscribed by any definable boundaries. Id. at 1206 . … Notwithstanding this deference normally given administrative agencies, an agency's conclusions are not immune from judicial review.

Jones v. Martin Electronics, Inc.

31 Fla. L. Weekly Supp. 380 · Supreme Court of Florida · Jun 15, 2006

The trial court reasoned that Martin Electronics was not entitled to workers' compensation immunity if the facts alleged in the complaint were established. See id. … Notwithstanding the tradeoffs provided, we have established and continue to hold that an employer's immunity under the workers' compensation system does not extend to workplace injuries caused by conduct of the employer so

Lee v. State

115 Fla. 30 · Supreme Court of Florida · May 25, 1934

Clearly the motion and the ground on which it rested are not before us. … Instead of a full, free and frank statement of their participation in the crime, they appear to be half suspicious of the bona fides of the grand jury, private detective, and prosecuting attorney, who promised them immunity

Irven v. DEPARTMENT OF HEALTH AND REHAB.

790 So. 2d 403 · Supreme Court of Florida · Apr 19, 2001

waives sovereign immunity for the purposes of the "Remedies" and "Relief" afforded by subsections 112.3187(8) and (9). … It is equally clear to us, however, that because any waiver of sovereign immunity must be clear and unequivocal (see Spangler v.

Robertson v. State

604 So. 2d 783 · Supreme Court of Florida · Jul 16, 1992

Do you remember it clearly? *787 A. Yes, sir, I do. Q. What makes you remember this so clearly? A. After — because of a very combativeness [sic], it was very hard to draw blood at the time. … As a result, all presumptions created by the implied consent law do not apply [10] and the state will bear the burden of establishing that the expert was genuinely qualified to conduct and interpret the test, [11] among the

Crocker v. Pleasant

778 So. 2d 978 · Supreme Court of Florida · Feb 1, 2001

The United States Supreme Court has held that in order to have a property interest, "a person clearly must have more than an abstract need or desire for it.... … Judgment on the pleadings can be granted only if, on the facts as admitted for purposes of the motion, the moving party is clearly entitled to judgment." Windle v. W.W.

Dickinson v. Board of Public Instruction

217 So. 2d 553 · Supreme Court of Florida · Dec 18, 1968

This provision necessarily contemplates the establishment of criminal courts of record by local laws; and section' 20, art. 3, does not forbid local laws establishing courts. … Section 11 of Article XVI, and Section 22, Article III of the State Constitution, read together, clearly indicate claims against the State, its agencies and political subdivisions, are state subjects or purposes and if resort

Martin v. Pensacola & Georgia Railroad

8 Fla. 370 · Supreme Court of Florida · Jul 1, 1859

and limited to the promotion of the particular enterprise contemplated in the original charter of incorporation, so long do their acts, regularly passed, bind the individual shareholder, and he has no right to claim any immunity … This proposition, as enunciated, is not sufficiently qualified.

Dade County v. Pan American World Airways, Inc.

275 So. 2d 505 · Supreme Court of Florida · Feb 7, 1973

area as an essential public service, certainly as clearly a public purpose as the operation of a restaurant at the Tampa Airport in Walden . … The Court seems to be saying that because a public airport qualified for public bond financing and serves a predominantly public transportation purpose, it follows the private airline leaseholds on the airport properties

The Florida Bar v. Ray

797 So. 2d 556 · Supreme Court of Florida · Aug 16, 2001

And I am utterly appalled that this kind of language would be used against anybody on evidence that barely qualifies as sketchy. … Findings of fact will be upheld unless they are without support in the record or clearly erroneous.").

Lasky v. State Farm Insurance Company

296 So. 2d 9 · Supreme Court of Florida · May 28, 1974

through its immunizing legislation. … In any event, the basic right is well-established. [7] Fla. Const., Art. I, § 21. [8] Or its approved equivalent.

McPherson v. Town of Lake Maitland

134 Fla. 720 · Supreme Court of Florida · Oct 31, 1938

The statute gives jurisdiction to the Circuit Court only when there are less than 150 qualified electors in the said municipality. Likewise Section 2946 C. G. … It is contended here that if Chapter 15298, supra, is given a prospective construction or interpretation then it is clearly established that the Town of Lake Maitland had less than 150 qualified electors at the time of filing

State v. OSCEOLA CTY. INDUS. DEV. AUTHORITY

424 So. 2d 739 · Supreme Court of Florida · Dec 16, 1982

Section 159.27(12) defines public lodging or restaurant facility within the contemplation of section 159.27(5) as "property used for any public lodging establishment as defined in s. 509.242 or public food service establishment … The proposed project is clearly authorized by the statute.

Mordenti v. State

894 So. 2d 161 · Supreme Court of Florida · Dec 16, 2004

Transactional immunity provides complete immunity from prosecution for the matter concerning which the testimony was elicited. See id. … I had total immunity." The jury may have interpreted this statement to signify that Gail had transactional immunity when she actually only had use immunity.