Case law

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

Laizure v. Avante at Leesburg, Inc.

38 Fla. L. Weekly Supp. 102 · Supreme Court of Florida · Feb 14, 2013

legal counsel concerning this agreement; (2) he/she is not required to use the Facility for his/her healthcare needs and that there are numerous other health care providers in the State where Facility is located that are qualified … In sum, the wrongful death claims in this case are clearly within the scope of the arbitration agreement.

Louisville & Nashville Railroad v. Speed-Parker, Inc.

103 Fla. 439 · Supreme Court of Florida · Nov 9, 1931

The Act of Congress did not originally confer upon that body the power to prescribe and establish railroad tariffs of rates which should govern in the future. … Great Northern Railway Co., supra: “It is an element rule of statutory construction that general and specific provisions in apparent contradiction may subsist together, the specific qualifying and supplying exceptions to

Southern Life Insurance & Trust Co. v. Lanier

5 Fla. 110 · Supreme Court of Florida · Jan 15, 1853

These rules are well established, and we may proceed at once to apply them as a test to the contract in question. Let us inquire, then, 1st. … actual money; and it might well be, too, as almost the entire stock was to be thus re-issued, that a combination might have been made to sell their chartered privileges for nominal or insufficient securities, and thereby qualify

Huggins v. State

889 So. 2d 743 · Supreme Court of Florida · Dec 2, 2004

The defendant's actions clearly indicate that he intended to benefit by taking the Explorer and its subsequent use by him. … Clearly, the trial court found this to be a straightforward matter requiring no further elaboration. [9] Williams v.

Wadsworth v. State

136 Fla. 134 · Supreme Court of Florida · Jan 20, 1939

But in reviewing such motions the appellate court is governed by established principles of judicial procedure designed to effectuate the provision of the constitu-' tion that ‘right and justice shall be administered without … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

Prior v. White

132 Fla. 1 · Supreme Court of Florida · Apr 6, 1938

—It is of course within the power of the court to declare an ordinance to be unreasonable and void on its face by a mere inspection of the ordinance, if it is clearly of that character because of the inherent nature of its … The evidence tends to show that a custom had been established in the City of New Smyrna Beach, for solicitors to call at the homes of citizens and solicit the purchase of their goods and wares.

Estate Clara R. Starr v. Wilson

125 Fla. 536 · Supreme Court of Florida · Dec 26, 1935

They are no doubt, generally speaking, reasonably easily influenced and are generally childish and forgetful and possibly from the layman’s viewpoint, not qualified to make a will. … Clearly, the testimony of the will itself and the attorney who drew it and the subscribing witnesses who corroborated his testimony, show that Clara R.

In Re Florida Rules of Criminal Procedure

196 So. 2d 124 · Supreme Court of Florida · Mar 1, 1967

; or (4) There are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant. … No judgment of guilty shall be rendered on a verdict unless the jurors clearly express in it a finding of guilt of the defendant. Committee Note: Same as sec. 921.03.

Dennis T. Glover v. State of Florida

42 Fla. L. Weekly Fed. S 810 · Supreme Court of Florida · Sep 14, 2017

On the record as a whole, the evidence was clearly sufficient to support the jury’s finding of premeditation. - 19 -  2. … However, the trial court qualified its ruling with the “proviso” that it might be necessary to “reexamine the ruling” if the State opened the door to drug use or Glover relied on drug use as a defense theory developed

Aramis Donell Ayala, etc. v. Rick Scott, Governor

42 Fla. L. Weekly Supp. 766 · Supreme Court of Florida · Aug 31, 2017

The exercise of this power and the performance of this duty are clearly essential to the orderly conduct of government and the execution of the laws of this State. … In 1969, the Legislature amended the law to require this Court’s approval for exchanges or assignments lasting longer than sixty days, and inserted the phrase “good and sufficient” to qualify the reason for acting.

Everglades Sugar & Land Co. v. Bryan

81 Fla. 75 · Supreme Court of Florida · Feb 2, 1921

A township cannot be divided until its exterior lines are established, and the lines of the alternate odd-numbered sections cannot be established without at the same time and by the same acts establishing the lines of the … To have and to hold the same, together with all the rights, privileges, immunities and appurtenances thereto belonging, unto the said State of Florida, in fee simple and to its assigns forever.

State v. Harden

938 So. 2d 480 · Supreme Court of Florida · May 18, 2006

A state cannot assert jurisdiction where Congress clearly intended to preempt a field of law. See Chicago & N.W. Transp. Co. v. Kalo Brick & Tile Co., 450 U.S. 311 (1981). … These safe harbors, which currently number twenty-two, [4] provide immunity from prosecution for behavior that might have violated the anti-kickback statute.

Boschen v. City of Clearwater

26 Fla. L. Weekly Supp. 22 · Supreme Court of Florida · Jan 18, 2001

Boschen contends that the evidence failed to establish that there was an essential governmental imperative for the project. … Although the City's legislative findings are not entirely dispositive, the record demonstrates that these findings were not clearly erroneous.

Kilgore v. State

35 Fla. L. Weekly Supp. 665 · Supreme Court of Florida · Nov 18, 2010

Competent, substantial evidence clearly supports the postconviction court’s finding that Kilgore fails under the first prong required for mental retardation. … There is ample evidence in the record to discredit the only qualifying score, Dr. Dee’s full-scale score of 67. Accordingly, we deny relief on this issue.

Johnson v. State

904 So. 2d 400 · Supreme Court of Florida · Apr 28, 2005

Ring clearly falls short of that exacting standard, for the reasons expressed by the United States Supreme Court in Summerlin . … As I have commented in other contexts, the application of Apprendi in Ring is clearly the most significant death penalty decision to come from the United States Supreme Court in the past thirty years. " Ring is clearly the

Dhrs v. Mb

701 So. 2d 1155 · Supreme Court of Florida · May 29, 1997

(b) In a criminal action, the defendant shall be notified no later than 10 days before trial that a statement which qualifies as a hearsay exception pursuant to this subsection will be offered as evidence at trial. … Since the legislature enacted section 90.803(23) in 1985, we have decided various questions of law concerning this important hearsay exception. [4] *1159 In 1993, we acknowledged that the statute's purpose as "clearly [being

Lugo v. State

33 Fla. L. Weekly Supp. 824 · Supreme Court of Florida · Oct 8, 2008

present evidence of nonstatutory mitigation; (4) Lugo was denied his right to consular relations under Article 36 of the Vienna Convention; (5) trial counsel was ineffective for the failure to obtain the appointment of a qualified … The prosecutor unmistakably asked the jurors to place themselves in Furton’s position, which clearly is error.

Jackson Lumber Co. v. Walton County

95 Fla. 632 · Supreme Court of Florida · Mar 29, 1928

As to the insistence that the Act is unconstitutional because it does not give the qualified electorate of the county an opportunity to exercise their discretion or express themselves at an election upon the question as to … That we might think the establishment of an ordinary road, or the widening or other improvement of an old one, or other exercise of firmly established instances of power, entirely unnecessary, or the improvement now in question