Case law

In re Amendments to the Rules Regulating the Florida Bar

37 Fla. L. Weekly Supp. 275 · Supreme Court of Florida · Apr 12, 2012

In a new client-lawyer relationship, however, an understanding as to the fee should be promptly established. … as a “trust account.”; (2) ©original or clearly legible copies of deposit slips if the copies include all data on the originals and, in the ease of currency or coin, an additional cash receipts book, clearly identifyingdJA

Florida Bar

387 So. 2d 949 · Supreme Court of Florida · Sep 4, 1980

FPC 733.901(1) clearly implies periodic accountings may be rendered. … The removed guardian, or his heirs, personal representative or surety, shall turn over the items to his duly qualified successor.

Watts v. State

593 So. 2d 198 · Supreme Court of Florida · Jan 2, 1992

In this motion, counsel pointed out that there was evidence of mental retardation and requested that qualified experts be appointed to examine Watts to determine his competency to stand trial. … We conclude that the imposition of the death penalty upon the jury's recommendation was clearly consistent with this Court's prior decisions. E.g., Freeman v.

Kirton v. Fields

997 So. 2d 349 · Supreme Court of Florida · Dec 11, 2008

However, the Fifth District's decision was based on the finding that the release clearly and unequivocally relieved Iron Horse from liability. … For example, is a Boy Scout or Girl Scout, YMCA, or church camp a commercial establishment or a community-based activity?

Steinhorst v. State

695 So. 2d 1245 · Supreme Court of Florida · Jun 5, 1997

Contrary to Steinhorst's assertion, Alexander's testimony does not unequivocally establish that he or his staff had attempted to reach Hughes' attorney before Ms. Jacobs did in 1991. … The trial court's finding that there was no attempt to contact Hughes' attorney clearly refers to the time before 1986, for that is the relevant time period for purposes of determining whether due diligence was exercised.

State Ex Rel. Harrington v. City of Pompano

136 Fla. 730 · Supreme Court of Florida · Dec 1, 1938

In establishing a town by their own action under Section 2935 (1825) et seq., C.G.L., such residents attempted, in violation of law, to include in the town limits land on the east side of the Bay which was non-contiguous … 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 case in an election in which a majority of the freeholders who are qualified

Hall v. State

136 Fla. 644 · Supreme Court of Florida · Mar 14, 1939

This information, being sworn to both in Hardee Coiinty and in Sarasota County, and in each instance sworn to before a person qualified to administer an oath, in our opinion, meets the requirements of Section 10 of the Declaration … Those rights appear to us quite as essential to the privileges and immunities of citizens and equal protection of the laws as' the opportunity to serve as jurors, which service entails a burden of responsibility, and frequently

In Re the Florida Bar

265 So. 2d 21 · Supreme Court of Florida · Jul 26, 1972

It is based on federal rule 12(h) but more clearly states the purpose of the rule. RULE 1.170. COUNTERCLAIMS AND CROSS-CLAIMS (h) Additional Parties May be Brought In. … of it as is true and qualify or deny the remainder.

Richard DeLisle v. Crane Co.

258 So. 3d 1219 · Supreme Court of Florida · Oct 15, 2018

The Court explained its decision, stating, “[I]n order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method.” Daubert, 509 U.S. at 590. … - 35 - the effective date” of the controlling statute in the case on review and therefore was “clearly distinguishable”).

Wheeler v. Meggs

75 Fla. 687 · Supreme Court of Florida · May 13, 1918

It means, not only any election then provided for by the laws and constitution, but any election which may thereafter be established or required to be held pursuant to law. … “It seems clear that the elections protected by the constitution are all such elections as are held under authority of law, at which qualified electors may vote; and when statutes are enacted which regulate the form of the

Cole v. State

841 So. 2d 409 · Supreme Court of Florida · Jan 16, 2003

Berland was not qualified to investigate and establish the extent and effects of the brain damage because he is a forensic psychologist and not a neuropsychologist, and counsel should have hired a neuropsychologist trained … Gleason [Cole's trial counsel], clearly hired a neuropsychologist and relied on that neuropsychologist to do whatever neuropsychologists do. And now Mr.

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 · Oct 2, 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

In Re: Amendments to the Rules Regulating The Florida Bar (Biennial Housekeeping) – Corrected Opinion

Supreme Court of Florida · Jan 25, 2018

The terms of the members shall beare for 1 year from the date of administration of the oath of service on the grievance committee or until such time as their successors are appointed and qualified. … Authorization of such a contract shalldoes not bar subsequent inquiry as to whether the fee actually claimed or charged is clearly excessive under subdivisions (a) and (b).

Mertens v. Hamilton

74 So. 2d 658 · Supreme Court of Florida · Mar 23, 1954

Baldridge, is clearly set forth in paragraph IV of the Last Will and Testament of Marie A. Bald-ridge executed on May 5, 1950. … The appellate court is as free as the trial court to determine what inferential facts are established by the non-controverted evidence.

Van v. Schmidt

38 Fla. L. Weekly Supp. 618 · Supreme Court of Florida · Sep 4, 2013

The First District explained that this was error because “[i]t is well-established that a jury may reject any testimony, including testimony of experts.” Id. … In its order, the trial court agreed with the plaintiff that “the undisputed testimony of the witnesses, expert and lay, established that the Plaintiff had suffered some injury” and that “the evidence at trial established

In Re: Amendments to the Rules Regulating The Florida Bar (Biennial Housekeeping)

Supreme Court of Florida · Nov 9, 2017

The terms of the members shall beare for 1 year from the date of administration of the oath of service on the grievance committee or until such time as their successors are appointed and qualified. … Authorization of such a contract shalldoes not bar subsequent inquiry as to whether the fee actually claimed or charged is clearly excessive under subdivisions (a) and (b).

In re Senate Joint Resolution of Legislative Apportionment 1176

37 Fla. L. Weekly Supp. 181 · Supreme Court of Florida · Mar 9, 2012

See Standards for Establishing Legislative Dist. … [[Image here]] Districts 34 and 29 are clearly not compact, and the mathematical measurements confirm this.

Hughes v. State

901 So. 2d 837 · Supreme Court of Florida · Apr 28, 2005

The Court was not concerned that the established procedure was fundamentally unfair. … Of course, under our established law, and regardless of Apprendi , this type of fact must be decided by the jury.

State v. County of Dade

210 So. 2d 200 · Supreme Court of Florida · May 8, 1968

Jacksonville Port Authority. [4] The facts in these two cases are clearly delineated *208 in the respective opinions. … Sec. 192.62, F.S.A., which in terms authorizes taxation of leasehold interests in immune property which is used for private profit. Also see Hillsborough County Aviation Authority, etc. v.

Benjamin Davis Smiley, Jr. v. State of Florida

Supreme Court of Florida · May 14, 2020

We were careful to observe that, in Pait, Brooks, and Ferrell, “the prosecutors clearly appealed to the jurors to give weight to the fact that the State had decided to seek the death penalty.” Id. … Campbell also requires the trial court’s order to: “(2) assign a weight to each aggravating factor and mitigating factor properly established; (3) weigh the established aggravating circumstances against the established mitigating