Case law

In re Rehearing

98 Fla. 638 · Supreme Court of Florida · Oct 17, 1929

That the notice has been given is a state of fact which must be established before the county judge may allow the sale. … This court has also held that an order of a county judge removing an administrator is immune from collateral attack (see Hart v. Bostwick, 14 Fla. 162 ; Simpson v.

Perez v. State

620 So. 2d 1256 · Supreme Court of Florida · Jun 24, 1993

Overruling Bernie at this time would clearly affect the coherence of the law of search and seizure in this state. … Surette, 281 So.2d 481 (Fla. 1973), and holding that legislative proviso conditioning waiver of sovereign immunity by prohibiting parties from attempting to prove insurance coverage at trial is not unconstitutional invasion

Thomas Rigterink v. State of Florida

41 Fla. L. Weekly Supp. 177 · Supreme Court of Florida · Apr 21, 2016

- 55 -  Here, it is undisputable that the murders qualified for the HAC aggravating circumstance. … The evidence presented during trial clearly establishes that Rigterink committed the murders, and counsel cannot be ineffective for failing to find evidence contrary to this after a reasonable investigation.

State v. City of Panama City Beach

13 Fla. L. Weekly 343 · Supreme Court of Florida · May 26, 1988

Article VIII, section 8 of the 1885 constitution provided, in part: "The Legislature shall have power to establish, and to abolish, municipalities to provide for their government, to prescribe their jurisdiction and powers … In general, a legislative declaration of public purpose will be deemed correct unless clearly erroneous and beyond the legislature's power. State v. Housing Finance Authority, 376 So.2d 1158 (Fla. 1979).

Amendments to Rules Regulating Florida Bar

933 So. 2d 417 · Supreme Court of Florida · Jun 29, 2006

The government has a legitimate *451 need to attract qualified lawyers as well as to maintain high ethical standards. … While response is mandatory, the lawyer may deny the charges or assert any available privilege or immunity or interpose any disability that prevents disclosure of certain matter.

Waller v. First Savings & Trust Co.

103 Fla. 1025 · Supreme Court of Florida · Dec 23, 1931

declaration further alleges that after the commission of said wrongful act, the said John Hodasz died and that the First Savings and Trust Company, of Tampa, a corporation, was duly appointed administrator of his estate and duly qualified … The AMERICAN theory of constitutional protection to life, liberty and property and the theory of Florida law as expressed in our State constitution is clearly to the effect that actions for recovery of damages for torts are

Dennis v. State

817 So. 2d 741 · Supreme Court of Florida · Jan 31, 2002

State, 753 So.2d 29 (Fla.2000), we explained the concept of "opening the door": "As an evidentiary principle, the concept of `opening the door' allows the admission of otherwise inadmissible testimony to `qualify, explain … The admission of this evidence was clearly improper. Section 90.404, Florida Statutes (1997), as to the admissibility of character evidence provides: (1) CHARACTER EVIDENCE GENERALLY.

In re Amendments to the Florida Probate Rules

32 Fla. L. Weekly Supp. 79 · Supreme Court of Florida · Feb 1, 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. … This rule is intended to address only certain procedures with respect to the establishment and administration of guardianships over minors.

Brown v. State

894 So. 2d 137 · Supreme Court of Florida · Dec 2, 2004

The Court said that a conflict of interest is so egregious that it clearly establishes the first prong of Strickland and gives rise to a presumption of prejudice satisfying the second prong, even in the absence of other proof … Thus, no ineffective assistance of appellate counsel has been established. B.

Geralds v. State

674 So. 2d 96 · Supreme Court of Florida · Feb 22, 1996

The denial of a motion for continuance should not be reversed unless there has been a palpable abuse of discretion; this abuse must clearly and affirmatively appear in the record. Magill v. … State, 439 So.2d 840 (Fla.1983), cert. denied, 465 U.S. 1074 , 104 S.Ct. 1430 , 79 L.Ed.2d 754 (1984), for the proposition that living in pain for even several minutes does not qualify the crime for the heinous, atrocious

In Re: Standard Criminal Jury Instructions in Capital Cases

42 Fla. L. Weekly Supp. 449 · Supreme Court of Florida · Apr 13, 2017

Clearly the new capital sentencing law applies to pending prosecutions in Florida, and it is this Court’s obligation to provide guidance to the trial courts, lawyers, litigants, and, most importantly, the jury—the finder … If one or more aggravating circumstances are established, you should consider all the evidence tending to establish one or more mitigating - 23 - circumstances and give that evidence

Amendments to Florida Rules of Criminal Procedure 3.851, 3.852, & 3.993

25 Fla. L. Weekly Supp. 395 · Supreme Court of Florida · May 17, 2000

Upon appointment of postconviction counsel, the chief judge shall assign the case to the judge who presided over the defendant’s capital trial if that judge is active and otherwise available to serve or a trial judge qualified … The outside of the 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.

J.R. v. Barbara Palmer, etc.

40 Fla. L. Weekly Supp. 267 · Supreme Court of Florida · May 14, 2015

The Agency’s argument that support plan review includes an implied requirement to review whether an involuntarily admitted person still qualifies for involuntary admission would require this Court to impermissibly rewrite … That implication effectively rewrites the clearly established statutory duty of the Agency under section 393.0651.

Cruse v. State

588 So. 2d 983 · Supreme Court of Florida · Oct 24, 1991

This ruling by the trial judge was clearly not an abuse of discretion. … We find that the trial court properly found sufficient evidence to establish the existence of this aggravating circumstance beyond a reasonable doubt.

Rogers v. State

783 So. 2d 980 · Supreme Court of Florida · Mar 1, 2001

Although the trial judge did not give significant weight to the mitigating evidence, the sentencing order clearly reflects that the trial court considered the evidence and weighed it accordingly. … The trial court conducted an evidentiary hearing and found that Ambrose's testimony qualified as newly discovered evidence.

Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Julie L. Jones, etc.

210 So. 3d 1 · Supreme Court of Florida · Dec 22, 2016

Applying the standard to this case, we agree with the circuit court’s conclusion that Tobin’s affidavit does not qualify as newly discovered evidence. … Consequently, Asay fails to establish how he was adversely affected by the hearing or how the proceedings establish bias on the part of the circuit court judge.

& SC14-2106 Thomas Bevel v. State of Florida and Thomas Bevel v. Julie L. Jones, etc.

221 So. 3d 1168 · Supreme Court of Florida · Jun 15, 2017

While a more favorable expert opinion in postconviction generally does not establish deficient performance, because trial counsel is entitled to rely on the evaluations of qualified mental health experts, see Jennings v. … We next consider whether Bevel has established the prejudice prong of Strickland.

Delhall v. State

37 Fla. L. Weekly Supp. 468 · Supreme Court of Florida · Jul 12, 2012

The evidence established that Delhall went with the officers willingly, without handcuffs or other restraints. … Richardson Inquiry The trial court did not announce that it was engaging in a Richardson inquiry, but the discussion between the court and counsel qualified as a limited Richardson inquiry.

In Re Amendments to Rules Regulating the Fla. Bar

33 Fla. L. Weekly Supp. 14 · Supreme Court of Florida · Dec 20, 2007

To the extent membership fees were paid despite qualifying for this exemption, such membership fee shall be reimbursed by The Florida Bar within 30 days of receipt of a member's request for exemption. … RULE 3-2.1 GENERALLY Wherever used in these rules the following words or terms shall have the meaning herein set forth unless the use thereof shall clearly indicate a different meaning: (a)-( o ) [No Change] (p) Designated

Davis v. State

928 So. 2d 1089 · Supreme Court of Florida · Oct 20, 2005

Moreover, counsel was of the view that he had established evidence of Davis's intoxication through his cross-examination of the State's witnesses, a statement that is clearly supported by our review of the trial transcript … Thus, Davis would not qualify for the relief sought. See Doorbal v. State, 837 So.2d 940, 963 (Fla.)