Case law

Avila South Condominium Ass'n, Inc. v. Kappa Corp.

347 So. 2d 599 · Supreme Court of Florida · Jun 13, 1977

The complaint in the present case fails to allege facts that would qualify any unit as homestead property, as of the time of the creation of the liens. … Clearly this has to do with "the machinery of the judicial process as opposed to the product thereof." See cases cited in In re Florida Rules of Criminal Procedure, supra .

Kevin Don Foster v. State of Florida – Corrected Opinion

Supreme Court of Florida · Dec 13, 2018

The Florida Statutes clearly establish the elements of first-degree murder required for a conviction, and upon conviction, the required findings in order to sentence a defendant to the death penalty. … rejected the claim of newly - 12 - discovered evidence, saying: “[W]e have rejected similar claims on the basis that scientific research with respect to brain development does not qualify

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

258 So. 3d 1254 · Supreme Court of Florida · Dec 6, 2018

The names and addresses of persons listed shall be clearly designated in the following categories: (i) Category A. … Counsel shall be appointed if the child qualifies for such appointment and does not waive counsel in writing subject to the requirements of rule 8.165.

Zommer v. State

35 Fla. L. Weekly Supp. 159 · Supreme Court of Florida · Mar 11, 2010

Instead, the trial court found that “[t]he facts of the case clearly establish that the defendant knew what he was doing was wrong and took steps to try to cover up his crime.” … Thus, Zommer himself in his pretrial motions conceded that only one aggravator need be found to qualify a defendant for the death penalty.

Lukehart v. State

776 So. 2d 906 · Supreme Court of Florida · Sep 28, 2000

During the penalty phase, the prosecution presented three witnesses to establish the prior violent felony conviction and one witness to establish the "under sentence of imprisonment/felony probation" aggravator. … This aggravation must be weighed and balanced against the established mitigation.

Chandler v. Geico Indemnity Co.

78 So. 3d 1293 · Supreme Court of Florida · Nov 23, 2011

Resolving the Conflict The conflict in this case is based on the interpretation of an insurance con *1300 tract upon application of well-established Florida law. … Clearly, neither Geico nor the district court applied the above principles in resolving the issue in the district court.

State v. Hubbard

751 So. 2d 552 · Supreme Court of Florida · Dec 16, 1999

strict liability" crimes, the Wisconsin Supreme Court wrote that "[u]nder our laws, some acts performed with no particular mental state and even without a particular result, are considered sufficiently antisocial enough to qualify … While the statute clearly has a causation element, it does not explicitly contain a negligence element, in contrast to a related statute such as section 322.34(3), [21] which does include such an element.

Michael H. Hunt v. State of Florida

Supreme Court of Florida · Mar 5, 2026

The State’s evidence at trial established the facts as explained above. … ,’ a legislature does not thereby immunize it from scrutiny under the Ex Post Facto Clause.”

Aetna Insurance v. Evans

57 Fla. 311 · Supreme Court of Florida · Jan 15, 1909

Evans of Tallahassee, Florida, was appointed Trustee of the estate of said bankrupt, and the said Evans has qualified as such trustee. 8. … Evans was appointed and has qualified as Trustee of the estate of said bankrupt.

Timothy W. Fletcher v. State of Florida

Supreme Court of Florida · Jul 31, 2025

This claim is meritless because this aggravator clearly applies here, where Fletcher escaped jail just before committing this murder. … This Court rejected Loyd’s argument, explaining that it is a firmly established principle in Florida law that a mitigating circumstance that must be “found to exist” under section 921.141(2)(b)2.b. is one “established

Delaware Securities Corp. v. Kahn

129 Fla. 26 · Supreme Court of Florida · Jul 31, 1937

■Now, it clearly' appears from the objection as framed that counsel for the defendant and the court misconstrued the meaning of the opinion of this court hereinbefore referred to. … The witness had qualified as an expert civil engineer and land surveyor. He testified that he had run the line on the south boundary of Leighton’s subdivision of Indian Mound tract.

State Attorneys for the Second, Seventh and Ninth Judicial Circuits v. Florida Pace Funding Agency, Etc.; Alachua County Tax Collector v. Florida Pace Funding Agency; Palm Beach County, Florida v. Florida Pace Funding Agency; Alachua County, Florida v. Florida Pace Funding Agency

Supreme Court of Florida · Dec 18, 2025

- 18 - established judicial practice. … Because this Court clearly has jurisdiction to issue the writ of habeas corpus in death cases, Baker v.

Alan Lyndell Wade v. State of Florida

39 Fla. L. Weekly Supp. 757 · Supreme Court of Florida · Dec 11, 2014

Regarding the substantial domination mitigating factor, the trial court explained that the factor was “not clearly established” because “although Wade followed Jackson’s instructions, no direct evidence established that … It clearly appears that defense counsel attempted to make the codefendant the more dominant participant.”).

Delgado v. State

948 So. 2d 681 · Supreme Court of Florida · Nov 16, 2006

FACTUAL AND PROCEDURAL BACKGROUND The record of Delgado's 2004 retrial establishes the following facts. … No statutory mitigators were established. [6] However, the trial court did find the following nonstatutory mitigators based primarily on the mitigating evidence established at Delgado's first trial: (1) Delgado never used

Timothy W. Fletcher v. State of Florida

Supreme Court of Florida · Jul 17, 2025

This claim is meritless because this aggravator clearly applies here, where Fletcher escaped jail just before committing this murder. … This Court rejected Loyd’s argument, explaining that it is a firmly established principle in Florida law that a mitigating circumstance that must be “found to exist” under section 921.141(2)(b)2.b. is one “established

Michael H. Hunt v. State of Florida

Supreme Court of Florida · Dec 18, 2025

The State’s evidence at trial established the facts as explained above. … ,’ a legislature does not thereby immunize it from scrutiny under the Ex Post Facto Clause.”

Knight v. State

923 So. 2d 387 · Supreme Court of Florida · Nov 3, 2005

Clearly since the defendant contributed to the delay, he cannot now complain about it. San Martin v. State, 705 So.2d 9337 [1337] (Fla.1997). … CLAIM XXV NEWLY DISCOVERED EVIDENCE ESTABLISHED THAT MR.

Jones v. State

732 So. 2d 313 · Supreme Court of Florida · Mar 25, 1999

In summary, the defendant in this case has not established either element of the test. … The emphasis to be placed on such evidence is again clearly within the broad range of reasonableness afforded trial counsel in strategic matters.

State of Florida v. Mark Anthony Poole

Supreme Court of Florida · Jan 23, 2020

Under the principles established in Apprendi, Ring, and Hurst v. Florida, only one of the findings we identified in Hurst v. … State—the finding of the existence of an aggravating circumstance—qualifies as an element, including for purposes of our state constitution.

Franklin v. State

965 So. 2d 79 · Supreme Court of Florida · Jun 21, 2007

The State presented testimony and evidence to establish each of the aggravating circumstances, *97 including the testimony of Franklin's parole supervisor to establish that the murder was committed while Franklin was under … I also write to urge the Court to consider penalty-phase instructions that will clearly explain that the jurors are the finders of fact as to aggravating circumstances, and standard verdict forms that will require jurors