Case law

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.

In Re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220

39 Fla. L. Weekly Supp. 358 · Supreme Court of Florida · May 29, 2014

Following the filing of a “Petition for a Rule Establishing an Actual Innocence Commission,” then-Chief Justice Canady established the Florida Innocence Commission by Administrative Order AOSC10-39 on July 2, 2010. … The names and addresses of persons listed shall be clearly designated in the following categories: (i) Category A.

Krivanek v. TAKE BACK TAMPA POLITICAL COM.

625 So. 2d 840 · Supreme Court of Florida · Sep 30, 1993

For the reasons expressed, we find that electors whose names have been temporarily removed from the voter registration books are not qualified to sign initiative petitions under the statutory legislative scheme that establishes … The district court affirmed the trial court, finding that the legislature has clearly expressed its intention that an elector remains "qualified" to vote or to sign petitions for three years after being temporarily removed

Millender v. City of Carrabelle

174 So. 2d 740 · Supreme Court of Florida · May 5, 1965

The evidence clearly establishes *742 that the claimant is disabled and suffers from pseudoarthrosis (a false joint or joint with movement) at the site of the second fusion, and that he suffers a “steady aching back pain … Upon a review of all the evidence, it is our firm conviction that the failure to find that the claimant established that he now suffers a permanent total disability, as related to his wage earning capacity, was clearly erroneous

Josue Cotto v. State of Florida

39 Fla. L. Weekly Supp. 327 · Supreme Court of Florida · May 15, 2014

The Court based this conclusion on the rule of construction that anything “not clearly and intelligently described” in a penal statute and “manifestly intended by the Legislature” will not be considered included within … Thus, consecutive sentencing was not allowed in Palmer because it was not permitted by the language of the statute or clearly intended by the Legislature. 3 Two years after Palmer, this Court addressed whether Palmer

Horne v. Markham

288 So. 2d 196 · Supreme Court of Florida · Dec 5, 1973

Article VII, Section 6 of the Florida Constitution does not establish an absolute right to a five thousand dollar exemption from taxation, but provides that taxpayers who otherwise qualify shall be granted an exemption only … Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption only "upon establishment of right thereto in the manner prescribed by law".

City of Largo, Florida v. Ahf-Bay Fund, LLC.

42 Fla. L. Weekly Supp. 254 · Supreme Court of Florida · Mar 2, 2017

What constitutes a “tax” has been well established by Florida courts. … When a city enters into an express, written contract it waives sovereign immunity. Pan-Am Tobacco Corp. v. Dep’t of Corr., 471 So. 2d 4 (Fla. 1984).

State ex rel. Buford v. Town of Forest Park

87 Fla. 477 · Supreme Court of Florida · May 15, 1924

voters present clearly expressed their intention to organize the town. … The allegations of the answer with respect to those who took part in the meeting, although not in the words used by the plaintiff in error clearly show that the necessary twenty-five registered voters were there, and that

State v. Family Bank of Hallandale

18 Fla. L. Weekly Supp. 504 · Supreme Court of Florida · Jul 1, 1993

The conditional nature of warrants evidenced by numerous provisions of general law has remained similar in substance and clearly was not altered by the adoption of chapter 673. … In the instant case we hold that, because the facts fail to establish the conditions precedent for an implied waiver of sovereign immunity, it is inappropriate to assess interest against the State.

Martin County v. Edenfield

17 Fla. L. Weekly Supp. 702 · Supreme Court of Florida · Nov 19, 1992

In so concluding, we do not imply that employees or other persons protected by the act can render themselves immune from being penalized on the job for their participation in misconduct simply by being the first to blow the … We answer the certified question in the negative as qualified herein. This cause is remanded to the trial court for further proceedings consistent with our views above. It is so ordered.

Florida Hosp. Waterman, Inc. v. Buster

984 So. 2d 478 · Supreme Court of Florida · Mar 6, 2008

Clearly, since this was a statutory right to confidentiality, it was subject to being changed prospectively. … Stat. (2004) (providing immunity and a privilege from discovery for medical review committees).

Richman v. Shevin

354 So. 2d 1200 · Supreme Court of Florida · Dec 22, 1977

The means employed by the Legislature to accomplish the public good in an area of vital concern to the Legislature should be left to that body and Courts should not intrude unless it can be clearly established that the means … in which there are opposed Fund Qualified candidates.

Armstrong v. City of Edgewater

157 So. 2d 422 · Supreme Court of Florida · Nov 8, 1963

An examination of Section 138, as we have quoted it from the three statutes in the forepart of this opinion, will clearly establish the accuracy of this observation. … The title clearly announced the legislative intent. The body of the act itself further demonstrated the same intent.

Rorick v. Chancey

130 Fla. 442 · Supreme Court of Florida · Dec 22, 1937

Under this rule, a petition for removal is only a special appearance whether it is so designated or not, although it is even more clearly so, where the petition for removal recites that the appearance is made only for the … It appears to be established that witnesses and suitors in attendance in court outside of the territorial jurisdiction of their residence are immune from service of process while attending court and for a reasonable time

State ex rel. D'Alemberte v. Sanders

79 Fla. 835 · Supreme Court of Florida · May 26, 1920

The legislature shall establish a uniform system of county and municipal government which shall be applicable, except in cases where local or special laws are provided by the legislature that may be inconsistent therewith … The legislature shall have power to establish and abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, *837 and to alter or amend the same at any time.

Asay v. Florida Parole Com'n

649 So. 2d 859 · Supreme Court of Florida · Nov 10, 1994

Absent contrary federal law applicable to Florida via the Fourteenth Amendment, petitioners clearly are entitled to no relief. The Ritchie opinion comes closest in relevance. … Thus, the records enjoy all of the executive's immunities. Parole Commission v.

Maloney v. Kirk

212 So. 2d 609 · Supreme Court of Florida · Jul 2, 1968

"Article VI of the Constitution declares who are qualified electors of the state. … Clearly the Act, including § 213(a) thereof, has no bearing on the eligibility of a candidate for office." (At 695.)

Bloomfield v. City of St. Petersburg Beach

82 So. 2d 364 · Supreme Court of Florida · Sep 16, 1955

Manly fully intended to establish his permanent residence in Florida in December, 1952. … I think the situation presented here, and so ably discussed in the opinion of Justice THORNAL, clearly evidences the wisdom of the provision in Section 87.12, F.S.A., that the existence of another adequate remedy shall not

Jones v. Utica Mut. Ins. Co.

10 Fla. L. Weekly 159 · Supreme Court of Florida · Mar 7, 1985

In section 767.04 certain total immunities from owner liability are granted. … It is my view that it was clearly the intent of the legislature that if such canine characteristics are not exhibited in a given case or if the immunity circumstances apply, then strict owner liability cannot be imposed.

Jacova v. Southern Radio and Television Company

83 So. 2d 34 · Supreme Court of Florida · Oct 26, 1955

The background had no look of an apartment, and the corner of the cigarette counter in the cigar shop was clearly visible in most of the scenes involving plaintiff. … Further, the background of his picture clearly showed him to be at a newsstand and not at some residential apartment, and that he occupied the role that, in fact, was his.