Case law

McNealy v. Gregory

13 Fla. 417 · Supreme Court of Florida · Jul 1, 1869

If they were selected for a defined purpose by the people, and when assembled they do acts clearly not within the scope of their agency, and exercise powers which were then in another body of magistracy by a previous grant … The bill of rights, declared but not established by these delegates, declares that the right of possessing property is an inalienable right.

Citizens of the State of Florida, etc. v. Florida Public Service Commission

39 Fla. L. Weekly Supp. 519 · Supreme Court of Florida · Aug 28, 2014

Thus, the Commission is not clearly precluded by statute or case law from approving non-unanimous settlements. … Order Establishing Procedure Shortly thereafter on March 26, 2012, the Commission issued an order establishing the procedure for the rate-making proceedings.

Amendments to the Rules Regulating the Florida Bar

28 Fla. L. Weekly Supp. 525 · Supreme Court of Florida · Jul 3, 2003

proceed to a prompt hearing, at the conclusion of which the referee shall make and file with the Supreme Court of Florida a report that shall include the findings of fact and a recommendation as to whether the petitioner is qualified … either the managing attorney or the sponsor; (9) an affirmative statement that the plan participant is the client under the plan and that the sponsor will have no influence whatsoever over the attorney-client relationship established

Report of Supreme Court Workgroup on Public Records

825 So. 2d 889 · Supreme Court of Florida · Sep 12, 2002

The Workgroup proposed this amendment to assist both the records custodian and the requestor so that both sides would clearly understand what records are being requested. … Transitory messages do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt.

& SC14-2278 Charles Grover Brant v. State of Florida and Charles Grover Brant v. Julie L. Jones, etc.

197 So. 3d 1051 · Supreme Court of Florida · Jun 30, 2016

They were not constitutionally required to consult an outside expert in order to gauge a jury’s likely reaction to Brant pleading not guilty to a crime of which he was clearly guilty. … Wood and Wu and his belief that he could establish the mitigating circumstances he intended to establish through Dr. Maher. As a result of the testimony from Drs.

Geralds v. State

35 Fla. L. Weekly Fed. S 503 · Supreme Court of Florida · Sep 16, 2010

We reject this argument because Danford’s and Ward’s testimony qualified as former testimony, 24 which is a firmly rooted and reliable hearsay exception. Richardson v. … “The scope of voir dire questioning rests in the sound discretion of the court and will not be interfered with unless that discretion is clearly abused.” Id. (quoting Vining v. State, 637 So.2d 921, 926 (Fla.1994)).

In Re: Amendments to the Florida Rules of Judicial Administration The Florida Rules of Criminal Procedure and The Florida Rules of Appellate Procedure—Capital Postconviction Rules.

Supreme Court of Florida · Jul 3, 2014

First, we must be vigilant to make certain that qualified postconviction counsel is both available and engaged in this process as the system moves forward. … As in civil litigation, we have clearly understood and placed the burden of moving cases forward to justice on the shoulders of the party prosecuting the action so there must be some proper responsibility on the shoulders

Rivera v. State

995 So. 2d 191 · Supreme Court of Florida · Jun 12, 2008

While the State alleges that it complied with Rivera's requests, the records of the prior proceedings do not clearly establish or identify what materials were turned over to Rivera. … Seiden then qualified his testimony, explaining, "With respect to hairs, I don't think of it as a fingerprint. It's not unique, so it's not to the exclusion of everyone else.

Reed v. Whitmore Electric Co.

141 So. 2d 569 · Supreme Court of Florida · Apr 18, 1962

It is quite obvious, however, that the original treating physicians, including one who did not testify, not only failed to correctly diagnose the claimant’s illness but were not qualified so to do. … Yates, although clearly stating that he had only demonstrated one perineural cyst in his entire practice, and when pressed by the Deputy for an opinion if he had to choose between one of the two accidents related to him expressed

Amendment to Florida Rules of Judicial Administration 2.050, 2.052 & 2.085

27 Fla. L. Weekly Supp. 715 · Supreme Court of Florida · Aug 29, 2002

New rule 2.085(c) establishes procedures for appropriate treatment of priority cases. … The chief judge may assign any judge to temporary service for which the judge is qualified in any court in the same circuit.

Jones v. State

709 So. 2d 512 · Supreme Court of Florida · Mar 17, 1998

The overwhelming volume of this evidence clearly serves to corroborate its individual components. … The proper rule of law for determining whether proffered evidence qualifies as "newly discovered" evidence was set forth in Hallman v.

In Re Apportionment Law, Senate Joint Res. No. 1305

263 So. 2d 797 · Supreme Court of Florida · May 12, 1972

There is clearly no mathematical disparity. … Many qualified people are discouraged from running for office because of the cost. In my view the plan of legislative apportionment prepared by the legislature cannot stand.

State Farm Mut. Auto. Ins. Co. v. Laforet

20 Fla. L. Weekly Supp. 173 · Supreme Court of Florida · Apr 20, 1995

By the time the legislature enacted section 624.155 in 1982, it was clearly established in Florida law that third-party bad faith actions existed at common law. Thompson ; Opperman v. Nationwide Mutual Fire Ins. … As the court explained in Baxter, the relationship in a first-party bad faith action is the very antithesis of that established in third-party actions.

Granville Ritchie v. State of Florida

Supreme Court of Florida · Jun 9, 2022

State, 121 So. 3d 462, 497-98 (Fla. 2013) (“This Court has emphasized that in order to qualify as HAC, ‘the crime must be both conscienceless or pitiless and unnecessarily torturous to the victim.’ ”) (quoting Richardson … it clearly is not.

Buford v. State

403 So. 2d 943 · Supreme Court of Florida · Jul 23, 1981

It is clearly established that all relevant evidence pertaining to the character of the defendant and circumstances of the crime may be considered by the sentencer in Florida. Lockett does not invalidate our statute. … So the instant case certainly qualified as one which is heinous, atrocious and cruel.

Wilcox v. State

39 Fla. L. Weekly Supp. 309 · Supreme Court of Florida · May 8, 2014

That clearly refers to Mr. Jean. Not Ms. Curry. (Emphasis supplied.) … Thus, the “cold” element has clearly been established.

In Re AMENDMENTS TO the RULES REGULATING THE FLORIDA BAR (BIENNIAL PETITION)

40 Fla. L. Weekly Supp. 330 · Supreme Court of Florida · Jun 11, 2015

All conditional pleas shall show clearly by reference or otherwise the disciplinary offenses to which the plea is made. … These include, for example, the seller’s ethical obligation to exercise competence in identifying a purchaser qualified to assume the practice and the purchaser’s obligation to undertake the representation competently (see

Ray Jackson v. State of Florida

39 Fla. L. Weekly Supp. 398 · Supreme Court of Florida · Jun 5, 2014

Thus, even if Jackson could establish deficiency, he cannot establish prejudice. Accordingly, we affirm the denial of relief on this claim. B. … that Jackson qualified as a prison releasee reoffender (PRR).

Smith v. Guckenheimer & Sons

42 Fla. 1 · Supreme Court of Florida · Jan 15, 1900

The repfy to *17 this is that a man cannot by any act of his impart the legal quality of immunity' from debts to- property that the law says shall not be exempt when certain conditions exist. … by the agreed statement of facts incorporated into the abstract, clearly established in favor of the appellees.

Pittman v. State

90 So. 3d 794 · Supreme Court of Florida · Jun 30, 2011

In the penalty phase, the State established that Pittman was convicted of aggravated assault in 1985. … The Defendant alleges the information that was withheld clearly contributed to the trial court’s decision to exclude the evidence.