Case law

Florida Motor Lines, Inc. v. Railroad Commissioners

100 Fla. 538 · Supreme Court of Florida · Aug 4, 1930

. *543 “The writ of certiorari lies only to review the actions of courts, boards or officers exercising functions clearly judicial or quasi judicial. ’ ’ Sirmans v. Owens, 87 Fla. 485 , 100 So. R. 734. … “The judicial power of the State shall be vested in” stated courts ‘ ‘ and such other courts or commissions as the legislature may from time to time ordain and establish.” Sec. 1, Art.

Cox v. State

966 So. 2d 337 · Supreme Court of Florida · Jul 5, 2007

Cox's grandmother, Hazel Cox, established that Cox's parents were distant relatives, and that Cox had attempted suicide when he was fifteen years old. … Pillow's testimony fell within the realm of her qualified expertise.

Morrison v. State

818 So. 2d 432 · Supreme Court of Florida · Mar 21, 2002

Nor must a court find a juror qualified if he " might vote death under certain personal standards." Id. at 422 , 105 S.Ct. 844 . … The evidence established that the victim was eighty-one or eighty-two years old. The evidence also established that the victim had been totally disabled since childhood.

Rigterink v. State

34 Fla. L. Weekly Supp. 132 · Supreme Court of Florida · Jan 30, 2009

Clearly the [High] Court meant that something more than official interrogation must be shown.... … Of course, this raises at least two questions: (1) What qualifies as a “voluntary” interview?; and (2) Once an interview is classified as “voluntary,” does it inexorably remain so?

Byrd v. Richardson-Greenshields Securities, Inc.

14 Fla. L. Weekly 549 · Supreme Court of Florida · Oct 26, 1989

We have qualified this statement only by requiring that the suicide must arise from a mental disturbance directly attributable to an actual workplace injury. … Clearly, the interpretation accorded Title VII is persuasive in interpreting the analogous language of the Florida Human Rights Act.

Bush v. Adams

22 Fla. 177 · Supreme Court of Florida · Jan 15, 1886

It is a well established rule, however, that allegations will not be struck out as impertinent unless it clearly appears that the matter is wholly immaterial or irrelevant. … Adams qualified as executrix, or Driggs as administrator cum testamento.

City of Parker v. State

992 So. 2d 171 · Supreme Court of Florida · Sep 18, 2008

Districts or Municipalities of the State of Florida shall have power to issue bonds only after the same shall have been approved by a majority of the votes cast in an election in which a majority of the freeholders who are qualified … And, it is this Court's fundamental duty to correct its own mistakes when it becomes clear that our decisions have led to what is clearly a constitutional violation.

Sprint-Florida, Inc. v. Jaber

885 So. 2d 286 · Supreme Court of Florida · Sep 15, 2004

We clearly disagreed. Order at 53. Verizon hypothesizes that the originating carrier ruling, because it will result in more uniform retail local calling areas, will eventually lead to uniform LATA-wide calling areas. … Regarding that test, the Commission framed the following question: [I]n this issue we are to determine what qualifies an ALEC's network as serving a comparable geographic area to that served by an ILEC tandem switch.... .

Ray v. Mortham

742 So. 2d 1276 · Supreme Court of Florida · Sep 2, 1999

Unlike the Nebraska amendment, this ballot summary clearly and unambiguously advised the voters that it applied to state and federal legislators. … I believe the present initiative clearly and unmistakably violates these principles, rendering it conclusively defective.

Gore v. State

599 So. 2d 978 · Supreme Court of Florida · Apr 16, 1992

Testimony had previously established that Roark had a purse with her on the night she disappeared. … State, 400 So.2d 1217 (Fla. 1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity.

Gribbel v. Henderson, Jr.

151 Fla. 712 · Supreme Court of Florida · Nov 10, 1942

But in order to authorize an order of publication, it is not essential that the evidence presented by the affidavit should conclusively establish the right to the order. … Adult ages of four of such defendants are also definitely given, and the adult age of the fifth is clearly inferable from the record if the ages are essential in this cause.

State v. Barnum

921 So. 2d 513 · Supreme Court of Florida · Feb 9, 2006

Clearly, in Mills we held that offenses that are reclassified as felonies pursuant to section 784.07 qualify as felony offenses for purposes of the habitual felony offender statute, and double jeopardy principles are not … Clearly, the due process concerns of Callaway and Stevens are not the prevalent consideration in the instant action.

Reynaldo Figueroa-Sanabria v. State of Florida

Supreme Court of Florida · Jun 29, 2023

It is “clearly conclusive.” DiGuilio, 491 So. 2d at 1138. … , intelligent, and voluntary—qualifies as fundamental.

Almeida v. State

748 So. 2d 922 · Supreme Court of Florida · Jul 8, 1999

Almeida very clearly was asking the officer for fundamental information concerning his right to counsel. Almeida I, 737 So.2d at 524 . We concluded that under Traylor v. … State, 682 So.2d 539 (Fla.1996) ("[I]t is a well established principle of law in this state that an otherwise qualified witness who is not a medical expert can testify about a person's mental condition, provided the testimony

Kuhnlein v. Department of Revenue

20 Fla. L. Weekly Supp. 526 · Supreme Court of Florida · Oct 12, 1995

The court found that the class faced "a number of procedural hurdles imposed by the State," including claims of exhaustion of administrative remedies and sovereign immunity. … In 1991, the Eleventh Circuit Court of Appeals mandated that all "attorneys' fees awarded from a common fund shall be based upon a reasonable percentage of the fund established for the benefit of the class."

Tyus v. Apalachicola Northern Railroad Company

130 So. 2d 580 · Supreme Court of Florida · May 17, 1961

The witnesses who attempted to establish that the whistle was not blown testified merely that they `didn't hear it blow.'" (Italics supplied.) … This was a case in which the evidence clearly demonstrates that the plaintiff's deceased husband was guilty of negligence.

Williams v. State

35 Fla. L. Weekly Fed. S 268 · Supreme Court of Florida · May 20, 2010

This was clearly the dominant motive for the defendant's murder of Susan Dykes. … This trial testimony clearly indicates that Williams did not want to be cut off from Ms. Dykes' money and/or her drugs.

Richardson v. State

706 So. 2d 1349 · Supreme Court of Florida · Jan 29, 1998

The defendant acknowledges that he qualifies as an Habitual Violent Offender and that photo-copies of documents introduced at his sentencing hearing on November 21, 1991, before Judge Gayle Graziano shall be admissible in … This was clearly a `plea discussion.'" Id. at 6.

Citizens for Strong Schools, Inc. v. Florida State Board of Education

262 So. 3d 127 · Supreme Court of Florida · Jan 4, 2019

The State has also adopted rigorous teacher certification, training and evaluation standards, resulting in over 94% of courses being taught by teachers who are "highly qualified" under federal standards. … among other things, that "[t]he primary thrust of [Petitioners'] complaint is that there is a crisis ... caused by the State of Florida's inadequate funding of education," that Petitioners "asserted that more resources were clearly

Florida Bar v. Rotstein

835 So. 2d 241 · Supreme Court of Florida · Nov 7, 2002

Hollander, 607 So.2d 412 (Fla.1992) (Hollander failed to show that the referee abused his discretion in qualifying an expert witness); Rendina, 583 So.2d 314 (referee did not abuse his discretion regarding the admissibility … Clearly, the Bar has prevailed. Therefore, we deny the motion to strike and award costs to the Bar.