Case law

Osborne v. State

33 Fla. 162 · Supreme Court of Florida · Jan 15, 1894

That is fully established by the cases already cited. … These regulations are clearly a burden and restriction on that commerce.

State ex rel. Law v. Saxon

30 Fla. 668 · Supreme Court of Florida · Jun 15, 1892

We- also concedí1 the power of the Legislature to declare a rule of evidence by which fraud in a particular case shall be conclusively established without, inquiring into the fact whether it did or did not exist. … It is, however, not to be lost sight of that a ballot will never be vitiated by anything which is not clearly within the prohibiting words and meaning of the statute.

Evans v. State

995 So. 2d 933 · Supreme Court of Florida · Aug 28, 2008

State, 761 So.2d 1055, 1062 (Fla.2000) (stating that it is defendant's burden to establish both prongs of Strickland ). … Further, one letter was clearly not yet in existence, as it was dated several months after Evans' trial, and Evans cannot establish when the other letter was written.

In Re Amendments to the Florida Probate Rules

32 Fla. L. Weekly Supp. 413 · Supreme Court of Florida · Jul 5, 2007

Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. … Committee Notes Rule History 1987 Revision: This is a new rule and was promulgated to establish procedures to accommodate the Public Guardian Act. *1187 See § 744.701, et seq., Fla. Stat. See also Fla. Prob.

City of Jacksonville v. Ledwith

26 Fla. 163 · Supreme Court of Florida · Jan 15, 1890

The only question is, does the language used in any special or general act clearly confer the power ? … There was nothing in the provision of Section one of Article XII of the act of 1887 as to “privileges,” nor is there anything in the amendment of it made in 1889, that qualifies the above conclusion.

In re Warren

1 Fla. Supp. 2d 200 · Supreme Court of Florida · Nov 5, 1981

Warren’s current professional ability has been clearly and convincingly established at the highest limits of exemplary. I am personally acquainted with Mr. Spriggs and his practice. … The Supreme Court, after reviewing these factors, held that: The referee concluded petitioner has clearly met the burden of proof in establishing all of the elements applicable for reinstatement.

Nelson v. State

35 Fla. L. Weekly Supp. 225 · Supreme Court of Florida · Apr 29, 2010

Ashby in the guilt phase to establish that Nelson lacked mens rea and also in the penalty phase to establish statutory mental mitigation. Nelson asserts that Dr. … Kremper’s Reports Nelson’s third ineffective assistance claim alleges that trial counsel was deficient for failing to secure a qualified psychiatrist to evaluate the report of Dr.

Mason v. Load King Mfg. Co.

758 So. 2d 649 · Supreme Court of Florida · May 11, 2000

Accordingly, the claimant is not qualified to receive unemployment compensation benefits. (Citation omitted; emphasis added.) I disagree with these conclusions. … Rather, Load King established simply that he was fired "due to his attendance."

FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman

31 Fla. L. Weekly Supp. 53 · Supreme Court of Florida · Jan 26, 2006

This case clearly implicates considerations of efficiency, timeliness, and costs. … In other words, because in postconviction cases the Legislature could decide not to grant any right to counsel at all, it can also grant a qualified right—a right to counsel only at specified rates.

The League of Women Voters of Florida, etc. v. Ken Detzner Opinion

172 So. 3d 363 · Supreme Court of Florida · Jul 9, 2015

See Advisory Op. to Att’y Gen. re Standards for Establishing Legislative Dist. Boundaries, 2 So.3d 161, 165 (Fla.2009). … As to the remedy, we are aware that this litigation has now spanned more than three years and the qualifying period for the next congressional election of 2016 is not far away.

Psychiatric Associates v. Siegel

610 So. 2d 419 · Supreme Court of Florida · Dec 3, 1992

Thus, Psychiatric Associates argued that sections 395.011, 395.0115, and 766.101 provided them statutory immunity. The trial court denied the summary judgment motion. … The Task Force's report and the legislature's preamble [7] to enacting the bond requirements clearly outline the existence of a medical malpractice crisis in the state.

Randolph v. State

853 So. 2d 1051 · Supreme Court of Florida · Apr 24, 2003

Randolph has clearly established that improper ex parte communication occurred between the trial court and the State because Kohler testified that the prosecutor was present in her office, "assisting me with the wording" … We find Randolph has failed to establish ineffective assistance of counsel as to either of his claims.

Paul Augustus Howell v. State of Florida

39 Fla. L. Weekly Supp. 89 · Supreme Court of Florida · Feb 20, 2014

In reviewing these claims, we first summarily deny three of the claims raised based either on the reasoning provided in the postconviction court’s order or based on our clearly established precedent. … Rees, 553 U.S. 35 (2008), for establishing an Eighth Amendment violation.

Arbelaez v. State

775 So. 2d 909 · Supreme Court of Florida · Jul 13, 2000

Even if counsel were deficient for failing to object to the HAC and CCP instructions, there would be no prejudice under Strickland as the evidence presented at trial clearly established that both circumstances would be found … Jur.2d Criminal Law § 1335 (1993) (grounds for disqualification have not been established based upon a judge's previous occupation).

Johnson Drug Co. v. Thaxton

121 So. 2d 158 · Supreme Court of Florida · Feb 17, 1960

However, even if it were to be firmly established Dr. … The record quite clearly shows that the symptoms which were taken as those of an incarcerated hernia were caused by the diseased spermatic cord and not by the simple hernia.

Florida Bar v. Norkin

38 Fla. L. Weekly Supp. 786 · Supreme Court of Florida · Oct 31, 2013

Previously, Ferguson and Beem had decided to establish a business together and formed a corporation. … In 1996, the Court issued an administrative order that established The Florida Bar Center for Professionalism.

Durousseau v. State

35 Fla. L. Weekly Supp. 723 · Supreme Court of Florida · Dec 9, 2010

The evidence presented at trial established the following facts. On July 26, 1999, between the hours of 9:30 a.m. and 1 p.m., Mack and a friend applied for employment at various business establishments. … We further stated that “[o]pinion testimony, on the other hand, is not subject to the same rule,” and explained that “[c]ertain kinds of opinion testimony clearly are admissible — and especially qualified expert testimony

Alston v. State

723 So. 2d 148 · Supreme Court of Florida · Sep 10, 1998

Similarly, the record here clearly demonstrates that appellant played a dominant role in Coon's murder. … This statutory aggravating circumstance was established beyond a reasonable doubt.

State v. Broward County

10 Fla. L. Weekly 222 · Supreme Court of Florida · Apr 11, 1985

The County determined that Resolution 84-964 qualified as an official action for purposes of the Deficit Reduction Act but determined that it could not issue industrial development revenue bonds under chapter 159 by December … From the first resolution in April 1984 the county clearly expressed its intention to finance the construction of solid waste disposal facilities by issuing over $500,000,000 in industrial development revenue bonds, under

Kephart v. Hadi

932 So. 2d 1086 · Supreme Court of Florida · Jun 8, 2006

Section 394.914 clearly states that the state attorney should file the probable cause petition. … The court must then determine whether probable cause exists that the offender is a sexually violent predator who qualifies for civil commitment.