Case law

Brooks v. Owens

97 So. 2d 693 · Supreme Court of Florida · Oct 25, 1957

It is our conclusion, therefore, that the defendant presents to us a case qualifying *696 for the review by this court at this time the interlocutory order in law of the lower court, since we are convinced that should defendant … While such a doctrine may develop in the foreseeable future, we do not believe it has yet been established. We would rather agree with the federal judge in Brackett v.

State Ex Rel. Landis v. Thompson

120 Fla. 860 · Supreme Court of Florida · Sep 18, 1935

Carlton, who was then Governor of the State of Florida, and he duly qualified for such office as required by law, and that his appointment as said Judge was thereafter confirmed by the Senate of the State of Florida at its … That it was not the intention of the *886 framers of the reapportionment amendment to repeal or amend, either expressly or by inference, any other existing section of Article V of the Constitution, is clearly indicated not

Lane v. State

44 Fla. 105 · Supreme Court of Florida · Jan 15, 1902

Some of the instructions in a general way directed the jury that defendant was presumed to be innocent until the evidence established his guilt beyond a reasonable doubt, but there was no specific instruction that in case … The court said “in our judgment the last sentencie in the charge is erroneous, and calculated to qualify the correct rule announced above, in that the proof of an alibi is sufficient if it, considered in connection with all

In Re Estate of Platt

16 Fla. L. Weekly Supp. 640 · Supreme Court of Florida · Oct 3, 1991

Rowe adopted the lodestar method, which, to a large extent, uses the criteria from the Code of Professional Responsibility to establish a fair and reasonable fee. … We find that such a computation is clearly contrary to the intent and purpose of section 733.617, Florida Statutes (1987).

Saunders v. Richard

35 Fla. 28 · Supreme Court of Florida · Jan 15, 1895

Under Circuit Court Rule in Equity No. 61, the court •had power, upon motion and cause shown, to permit amendments, although they may qualify and alter the original statements. … Saunders, who is alleged to be a married woman, and whose divorce is not clearly shown by the record, gave her consent, it was under a misapprehension of her rights, as already stated.

Miller v. State

403 So. 2d 1307 · Supreme Court of Florida · May 28, 1981

Clearly, just an arrest of an individual who happens to be in a motor vehicle without anything more does not justify impoundment. … For these reasons, I dissent from this unnecessary establishment of a per se exclusionary rule that invalidates an otherwise reasonable and proper inventory search. BOYD, J., concurs. NOTES [1] IV.

Green v. State

907 So. 2d 489 · Supreme Court of Florida · Apr 28, 2005

Sweet received immunity in Florida for first degree murder and perjury before he gave information on the Maxcy trial, and if he had anything to gain by his testimony." Kelley, 486 So.2d at 583 . … But here, the trial judge did respond, and, even assuming his response was technically accurate, the response was clearly flawed for what it did not tell the jurors.

Donovan v. Okaloosa County

37 Fla. L. Weekly Supp. 6 · Supreme Court of Florida · Jan 5, 2012

Thus, the property owner must demonstrate that the findings are clearly erroneous. Strand v. Escambia Cnty., 992 So.2d at 154 . 1. … We have previously upheld similar findings as establishing special benefits.

Farr v. State

124 So. 3d 766 · Supreme Court of Florida · Nov 29, 2012

Moreover, the record clearly indicates that Farr was fully aware and had an understanding of the plea process. … In the first direct appeal, we agreed with the trial court that the four aggravating factors found by the trial court “clearly were established beyond a reasonable doubt.”

MW v. Davis

756 So. 2d 90 · Supreme Court of Florida · May 4, 2000

Such medical screening shall be performed by a licensed health care professional and shall be to examine the child for injury, illness, and communicable diseases and to determine the need for immunization. … The department shall by rule establish the invasiveness of the medical procedures authorized to be performed under this subsection.

Donald David Dillbeck v. State of Florida & Donald David Dillbeck v. Ricky D. Dixon, etc.

Supreme Court of Florida · Feb 16, 2023

State, 350 So. 3d 25, 37 (Fla. 2022) (“[F]or the purposes of the Eighth Amendment, the existence of a traumatic brain injury does not reduce an individual’s culpability to the extent they become immune from capital punishment … And Dillbeck’s arguments about conditions on death row do not persuade us that our precedent is “clearly erroneous.” State v. Poole, 297 So. 3d 487, 507 (Fla. 2020); see also Muhammad v.

Marshall Lodge No. 39, A. F. A. M. v. Woodson

139 Fla. 579 · Supreme Court of Florida · Jul 28, 1939

Woodson died on August 17, 1933, in Pinellas County, Florida, and that the defendants were appointed executors on August 28, 1933, and were duly qualified as such. … The intimation is very strong in the Lovera case, that if the evidence in the court below had clearly shown that the payment of interest on the principal of the mortgage debt had been made by the executor in recognition of

Lawson v. State

969 So. 2d 222 · Supreme Court of Florida · Oct 25, 2007

State, 813 So.2d 22 (Fla.2002), we reiterated that "treatment and intensive surveillance, rather than incarceration, is available to defendants who qualify [for drug offender probation] based on the nonviolent nature of the … We have previously warned of the inherent problems in establishing bright line rules in the context of a trial court's decision to revoke probation. See Carter, 835 So.2d at 261 .

Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment

Supreme Court of Florida · Jan 16, 2020

(b) No person convicted of murder or a felony sexual offense shall be qualified to vote until restoration of civil rights. … This evidence clearly resolves any question regarding the meaning of the phrase “all terms of sentence” and should not be excluded from consideration.

State v. Barritt

13 Fla. L. Weekly 591 · Supreme Court of Florida · Sep 29, 1988

In Martin , we held that a defendant who is charged with second-degree murder is not entitled to an instruction on aggravated assault even though aggravated assault technically may qualify as a lesser included offense of … First, the amendment clearly overrides Chikitus . [3] As defined by the legislature, vehicular homicide and reckless driving are separate offenses subject to separate convictions and separate sentences.

Florida Board of Bar Examiners

19 Fla. L. Weekly Supp. 597 · Supreme Court of Florida · Nov 17, 1994

In addition, over the last five years the Board has used a “credit string” that has been used for about thirty-five applicants whose debts are neither clearly legitimate nor fraudulent. … The Board shall determine whether the present character and fitness of an applicant qualify the applicant for admission.

Amendments to the Florida Probate Rules

27 Fla. L. Weekly Supp. 423 · Supreme Court of Florida · May 2, 2002

DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION Any personal representative who was not qualified to act at the time of appointment or who becomes-disqualified to act after would not be qualified for appointment … ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL (a) Proceeding. The establishment and probate of a lost or destroyed will shall be in one proceeding. (b) Petition.

State Ex Rel. West v. Gray

74 So. 2d 114 · Supreme Court of Florida · Feb 16, 1954

Gay, 158 Fla. 465 , 28 So.2d 901 , is distinguishable clearly or at all from the instant suit upon the merits. … This was the law established in the cases of State ex rel. Mitchell v.

Ford v. State

802 So. 2d 1121 · Supreme Court of Florida · Sep 13, 2001

Based on Campbell , we required that trial courts: (1) determine whether the defendant's proposed evidence qualifies as a mitigating circumstance; (2) determine whether the proposed mitigating factor has been established … Clearly, if the defendant had a developmental age of fourteen, that would be a valid and relevant mitigating circumstance entitled to be given some weight.

Leo L. Boatman v. State of Florida

Supreme Court of Florida · Oct 17, 2024

The judge’s comments “contain clear qualifiers,” Pilkington v. … “The scope of voir dire questioning rests in the sound discretion of the court and will not be interfered with unless that discretion is clearly abused.” Hoskins v.