Case law

McNayr v. Kelly

184 So. 2d 428 · Supreme Court of Florida · Mar 23, 1966

If areas of absolute immunity and qualified immunity are to be carved out of the executive branches of government, it should more appropriately — and historically more properly — be done by the legislative branch. [6] Another … with the immunity altogether.

Kevin Vericker v. Norman Christopher Powell

Supreme Court of Florida · Mar 27, 2025

The record, Vericker claimed, established that Powell could not meet that standard. … Stat. (2024) (money services business immunity); § 631.918, Fla. Stat. (2024) (worker’s compensation immunity); § 684.0045, Fla. Stat. (2024) (arbitrator immunity); § 765.109(1), Fla.

Rodolfo Valladares v. Bank of America Corporation, etc.

41 Fla. L. Weekly Supp. 252 · Supreme Court of Florida · Jun 2, 2016

The record does not clearly establish the exact moment that the officers realized that Valladares was not a robber, but it does indicate that at some point the-police realized that after Valladares had been seriously injured … Such an absolute immunity would frustrate the purpose of the qualified privilege, which is meant to encourage police reports by protecting only those who make innocent mistakes.

Florida Birth-Related Neurological Injury Compensation Ass'n v. McKaughan

21 Fla. L. Weekly Supp. 91 · Supreme Court of Florida · Feb 29, 1996

immunity is an affirmative defense to a traditional tort action. … On the other hand, if the claimant does not qualify for NICA benefits, compensation continues to remain available through a medical malpractice action.

Tampa-Hillsborough Cty. Expressway Auth. v. KE MORRIS ALIGN. SERVICE, INC.

444 So. 2d 926 · Supreme Court of Florida · Nov 10, 1983

We believe contrarily that the words "located upon adjoining lands" and the words "established business of more than 5 years' standing" are intended to be read together and to qualify each other. … The allowance of business damages can also be compared to a waiver of sovereign immunity.

City of Miami v. Wardlow

403 So. 2d 414 · Supreme Court of Florida · Jul 30, 1981

Nevertheless, the court concluded that Murphy's duties were "not sufficiently exalted to warrant absolute immunity." Id. at 978 . … Clearly it was within the scope of his duties to respond to the inquiries. While the communication at issue here was privately made, as distinguished from the situation in Barr v.

Fridovich v. Fridovich

598 So. 2d 65 · Supreme Court of Florida · Apr 2, 1992

Moreover, we believe that a plaintiff's burden of proof for establishing a case under a qualified privilege would likely deter most frivolous suits. … In overcoming a qualified privilege, a plaintiff would have to establish by a preponderance of the evidence that the defamatory statements were false and uttered with common law express malice — i.e., that the defendant's

In Re Estate of Greenberg

390 So. 2d 40 · Supreme Court of Florida · Oct 30, 1980

Rather, the Court stated that it merely recognizes an established constitutional right and gives to that right no less protection than the constitution itself demands. … Performing the task of a personal representative does not rise to the level of a privilege or immunity bearing upon the vitality of the nation as a single entity.

May v. Palm Beach Chemical Company

77 So. 2d 468 · Supreme Court of Florida · Jan 21, 1955

Illegality established, liability ensues. … . * * * "We find no collision between the principle of liability established in this case and the principle of exemption established in actions against a husband.

Trianon Park Condominium v. City of Hialeah

10 Fla. L. Weekly 210 · Supreme Court of Florida · Apr 4, 1985

The city argues that the waiver of sovereign immunity did not create any duty and that no such duty was created by either the statute establishing the building code or the common law. … Second, it is important to recognize that the enactment of the statute waiving sovereign immunity did not establish any new duty of care for governmental entities.

Tashara Love v. State of Florida

Supreme Court of Florida · Dec 19, 2019

nor the necessary elements of proof to establish a claim of immunity.” … The “substantive right to assert immunity” was established in 2005. Dennis, 51 So. 3d at 462. Section 776.032(4) merely altered “the method of conducting litigation involving” that right.

MANATEE CTY. v. Town of Longboat Key

365 So. 2d 143 · Supreme Court of Florida · Oct 26, 1978

II It is Manatee County's position that this lawsuit is prohibited by the doctrine of sovereign immunity. … In this state of affairs, the remedy so clearly set forth by the Legislature was frustrated. The evil addressed by the people in their constitution continued.

Ketan Kumar v. Nirav C. Patel

227 So. 3d 557 · Supreme Court of Florida · Sep 28, 2017

-5- procedurally—considering the well-established body of law detailing the responsibilities of law enforcement officers, prosecutors, and judges. … The Second District concluded that because the Stand Your Ground law clearly stated that it was granting immunity from being prosecuted or sued at all, the Legislature must have intended a procedure with one immunity determination

Cauley v. City of Jacksonville

403 So. 2d 379 · Supreme Court of Florida · Jul 16, 1981

Unlike the state and county governments, however, the case law establishing and construing municipal sovereign immunity has been confusing as a result of inconsistent application. … Clearly, the even-handed application of immunity under section 768.28 furthers equal protection of the law under our constitutions rather than denies it.

Lake Worth Towers, Inc. v. Gerstung

262 So. 2d 1 · Supreme Court of Florida · Apr 12, 1972

On January 1, 1968 Petitioner did not qualify under Section 192.06(14) (a) as a tax exempt home for the aged since the building was not in use as a nonprofit home for the aged. … Petitioner's property clearly qualified only for an unimproved land assessment for 1968.

Overman v. State Board of Control

62 So. 2d 696 · Supreme Court of Florida · Dec 2, 1952

Is the right, immunity, status or authority of the Governor and the Comptroller placed in doubt by Chapter 26763? The act makes an appropriation of $225,000 to effectuate its purpose. … "(A) Shall be primarily operated and established to offer, afford and render a medical education to residents of the State of Florida qualifying for admission to said institution: "(B) Shall at no time have more than ten

Phillips v. Town of Altamonte Springs

92 Fla. 862 · Supreme Court of Florida · Nov 9, 1926

"Any town (or City) having less than that number of qualified electors, would be subject to the procedure therein provided." … If a city or town though incorporated by special act may enjoy the privileges and benefits of the general laws relating to municipal governments, why should the mere fact of special act of incorporation give immunity from

Kennedy v. City of Daytona Beach

132 Fla. 675 · Supreme Court of Florida · Jun 8, 1938

within the scope of his employment as Chief of Police of the City of Daytona-Beach, Volusia County, Florida, were done and performed for and in behalf of the said City of Daytona Beach, Florida, and as the recognized duly qualified … The plaintiff in error’s theory appeals somewhat to our sense of justice, but we must follow the law as it is established.

Seminole Rock Products, Inc. v. Town of Medley

180 So. 2d 457 · Supreme Court of Florida · Nov 24, 1965

The meaning of subsection (5) of that amendment is clearly that existing general law applies, absent some express provision of the amendment to the contrary. … The basic statute relating to the establishment of municipalities was originally enacted in 1869 as chapter 1688.

ECHEVARRIA, McCALLA, RAYMER v. Cole

950 So. 2d 380 · Supreme Court of Florida · Feb 1, 2007

In that case, involving a libel suit based on statements contained in a complaint, this Court established a qualified litigation privilege, requiring that the alleged defamatory statements be relevant to the judicial proceeding … Notably, our holding was without qualification as to the nature of the judicial proceedings, whether based on common law, statutory authority, or otherwise. [2] Levin plainly establishes that "[t]he rationale behind the immunity