Case law

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227 · Supreme Court of Florida · Sep 24, 1992

The amendment clearly now requires a specific traverse to specific material fact or facts. 1992 Amendment. … (b) Grounds for Granting if Prejudice Established.

Bellaire Securities Corp. v. Brown

124 Fla. 47 · Supreme Court of Florida · Feb 20, 1936

*Page 69 The policy of our laws today sanctions incorporation with the consequent immunity from individual liability. … And the rule is a familiar one that the authority of an agent cannot be established merely by proof of his own declarations made to a third party, in the absence of the principal.

Wilson v. State

845 So. 2d 142 · Supreme Court of Florida · Apr 10, 2003

With Smith , the Supreme Court overruled its prior decision in Rice and qualified the Pearce decision, stating: While the Pearce opinion appeared on its face to announce a rule of sweeping dimension, our subsequent cases … Clearly, there is no constitutional requirement for such a presumption.

& SC16-922 Terry Marvin Ellerbee, Jr. v. State of Florida & Terry Marvin Ellerbee, Jr. v. Julie L. Jones, etc.

Supreme Court of Florida · Dec 21, 2017

[I]f prospective jurors can assure the court during voir dire that they are impartial despite their extrinsic knowledge, they are qualified to serve on the jury, and a change of venue is not necessary.” Id. … Ellerbee argues trial counsel should have moved to exclude Dellarco’s answering machine tape because the messages served only to incite the sympathy of the jurors and did not clearly establish a time frame because the machine

Tina Lasonya Brown v. State of Florida & Tina Lasonya Brown v. Mark S. Inch, etc.

Supreme Court of Florida · Aug 27, 2020

Bingham testified that “there was no indication” Brown’s feelings of anger and rage “inhibited her ability to think clearly or to recognize right from wrong,” that “Brown’s actions on the night of the … We have previously held that unrelated posttrial events do not qualify as newly discovered evidence. See Kearse v.

Amendments to the Florida Rules of Juvenile Procedure

30 Fla. L. Weekly Supp. 59 · Supreme Court of Florida · Jan 27, 2005

The Rules Committee has clearly identified a troubling problem common in juvenile delinquency proceedings. … If the court rules that a mediator is disqualified from mediating a case, an order shall be entered setting forthwith the name of a qualified replacement.

Coker v. Hayes

16 Fla. 368 · Supreme Court of Florida · Jan 15, 1878

Where, upon the face of a record, a question clearly open to the objection that it is leading and suggestive is rejected, and no ground for its rejection appears upoft the record, the action of the court must be attributed … In conflicts of this character, the extent to which a man is or will be controlled by his interest is a question necessarily involved, and there is no tribunal or body of men so well qualified to pass upon that question as

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

41 Fla. L. Weekly Supp. 357 · Supreme Court of Florida · Sep 1, 2016

(5) All papersdocuments filed in the action shallmust be styled in such a manner as to indicate clearly the subject matter of the paperdocument and the party requesting or obtaining relief. … Such a qualified answer may not be used as direct evidence for or impeachment against the party giving the answer unless the court finds it otherwise admissible under the rules of evidence.

In Re Amend. to the Fla. Family Law Forms

59 So. 3d 792 · Supreme Court of Florida · Dec 16, 2010

PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING 1. … ___Paternity has previously been established as a matter of law. b.

In re Amendments to the Florida Family Law Rules of Procedure

25 Fla. L. Weekly Supp. 965 · Supreme Court of Florida · Oct 19, 2000

(d) whether the benefit is vested or contingent. (2) If you have established any trust or are the trustee of a trust, state the following: (a) the date the trust was established. … (d) whether the benefit is vested or contingent. (2) if you have established any trust or are the trustee of a trust, state the following: (a) the date the trust was established.

Maddox v. State

25 Fla. L. Weekly Supp. 367 · Supreme Court of Florida · May 11, 2000

But only in an extreme case would an improper cost assessment or public defender’s lien qualify as fundamental error. Bain, 730 So.2d at 305 . … This type of error clearly affects the integrity of the sentencing process. However, we approve Thomas v.

Amendments to Florida Rules of Juvenile Procedure

27 Fla. L. Weekly Supp. 747 · Supreme Court of Florida · Sep 5, 2002

(A) Every motion to suppress shall clearly state the particular evidence sought to be suppressed, the reason for the suppression, and a general statement of the facts on which the motion is based. … The chief judge of each judicial circuit *227 shall maintain a list of qualified persons who have agreed to serve as community arbitrators for the purpose of carrying out the provisions of chapter §9985, Florida Statutes.

Amendments to the Florida Rules of Juvenile Procedure

21 Fla. L. Weekly Supp. 495 · Supreme Court of Florida · Oct 31, 1996

(A) Every motion to suppress shall clearly state the particular evidence sought to be suppressed, the reason for the suppression, and a general statement of the facts on which the motion is based. … of community control, or a hearing to determine the mental condition of the child, the court may on its own motion, and shall on motion of the state or the child, appoint no more than 3, nor fewer than 2, disinterested qualified

Spencer v. State

842 So. 2d 52 · Supreme Court of Florida · Jan 9, 2003

Regardless of the efficacy of counsel's strategy, we agree with the lower court that the hunting knife testimony would have been of little assistance in proving lack of premeditation where the knife in question was clearly … "It 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 is based on personal knowledge

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

40 Fla. L. Weekly Supp. 163 · Supreme Court of Florida · Mar 26, 2015

When in doubt, ask the clerk which newspapers are “qualified.” The newspaper will charge you for this service. … action to establish or modify time-sharing.

Williams v. Moseley ex rel. Smith

2 Fla. 304 · Supreme Court of Florida · Jan 15, 1848

Do the words “ current in Florida” qualify the word “ money” so as to change its meaning ? We think not. The legal signification is certainly not as contended for. … D. 1846, not being embraced within either of the terms of the Leon Circuit Court, as established by law. LONG & WALKER, Atly’s for Appellant.

Amendments to the Florida Family Law Rules

23 Fla. L. Weekly Supp. 105 · Supreme Court of Florida · Feb 26, 1998

The form must then be given to a qualified local newspaper to be published for four consecutive weeks. When in doubt, ask the clerk which newspapers in your area are "qualified." … Custody has been established by a court.

Jackson v. State

127 So. 3d 447 · Supreme Court of Florida · Sep 19, 2013

First, the defendant must establish that counsel’s performance was deficient. See id. at 687 , 104 S.Ct. 2052 . … State, 970 So.2d 806, 816 (Fla.2007) (“[T]he contemporaneous conviction of a violent felony may qualify as an aggravating circumstance, so long as the two crimes involved multiple victims or separate episodes.”

Taylor v. State

855 So. 2d 1 · Supreme Court of Florida · Jun 5, 2003

Because they are usually hearsay, "[i]n order to be admissible, prior consistent statements, *23 like any other hearsay statements, must qualify under a hearsay exception." See Bradley, 787 So.2d at 743 . … Noble to the police station, and thus could reasonably be interpreted as consent. [18] Taylor did not claim self-defense, that Holzer committed suicide, or that the death was accidental, and therefore these exceptions are clearly

Lee v. Atlantic Coast Line Railroad Co.

141 Fla. 545 · Supreme Court of Florida · Jan 2, 1940

Entzminger, 102 Fla. 167 , 135 Sou. 785 , where we said: “Historically, the power of the Legislature to establish taxing districts for particular public purposes is clear. … “The second class of taxing districts is where the purpose of creating the district is clearly general and permanent in nature.