Case law

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.

Flo & Eddie, Inc., etc. v. Sirius XM Radio, Inc., etc.

229 So. 3d 305 · Supreme Court of Florida · Oct 26, 2017

Thus, like Congress, the Florida Legislature clearly viewed the issue of public performance rights for sound recordings as separate and distinct from the right of reproduction. … No mention is made of “existing” or “established” common law rights.

King v. Moore

831 So. 2d 143 · Supreme Court of Florida · Oct 24, 2002

Evidence will clearly have grown stale or have been lost or destroyed, witnesses will be unavailable, and memories will surely have faded. … King's death sentence was based on at least one "death qualifying" aggravating circumstance: "previous conviction of violent *149 felony." [9] For the reasons stated in my concurring in result only opinion in Bottoson v.

Chames v. DeMayo

972 So. 2d 850 · Supreme Court of Florida · Dec 20, 2007

Before the amendment, the homestead exemption was limited to persons who qualified as "the head of a family." See art. X, § 4(a), Fla. Const. (1972). … Green, 944 So.2d 208, 217 (Fla.2006) ("Stare decisis yields `when an established rule of law has proven unacceptable or unworkable in practice.'" (quoting Allstate Indent. Co. v. Ruiz, 899 So.2d 1121, 1131 (Fla.2005))).

In re Florida Bar

135 So. 2d 715 · Supreme Court of Florida · Dec 13, 1961

(f) Court of this State: a state court authorized and established by the Constitution or laws of the State of Florida. (g) Executive Committee: The Executive Committee of the Board of Governors of The Florida Bar. … (d) Terms The terms of the members shall begin on the first day of July and shall end on the next succeeding 30th day of June or until such time as their successors are appointed and qualified.

Christian Cruz v. State of Florida

Supreme Court of Florida · Jul 1, 2021

See Garron, 528 So. 2d at 358-59 n.6 (concluding that arguments that invited the jury to feel what the victim felt when she was shot in the chest and dragged into the bathroom were “clearly prohibited”); Bertolotti, 476 … Gunshot murders can qualify as HAC if the events preceding the death “cause the victim fear, emotional strain, and terror.” Marquardt v. State, 156 So. 3d 464, 488 (Fla. 2015).

Serrano v. State

36 Fla. L. Weekly Supp. 108 · Supreme Court of Florida · Mar 17, 2011

First, the State introduced circumstantial evidence of an elaborate plan to establish an alibi, a plan Serrano developed and began to implement ahead of time. … State, 719 So.2d 1197, 1201 (Fla.1998), this Court stated that “[i]t is clearly improper for the prosecutor to engage in vituperative or pejorative characterizations of a defendant or witness.”

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

26 Fla. L. Weekly Supp. 13 · Supreme Court of Florida · Sep 21, 2000

Trial courts in the domestic violence injunction context clearly have the discretion to establish temporary support for the petitioner or any minor children involved. See § 741.30(6)(a)(4), Fla. Stat. (1999). … the trust was established.

In re Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19 · Supreme Court of Florida · Mar 26, 2015

When in doubt, ask the clerk which newspapers in your area are “qualified.” The newspaper will charge you for this service. … You will need to publish notice once each week for four consecutive weeks in a “qualified” newspaper in the county where the case is pending. When in doubt, ask the clerk which newspapers are “qualified.”

Maddox v. State

760 So. 2d 89 · 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 the Florida Rules of Civil Procedure

28 Fla. L. Weekly Supp. 797 · Supreme Court of Florida · Oct 23, 2003

Clearly, propounding requests for admissions upon a party is a perfectly legitimate method of establishing facts in support of one’s claim or defense, and to the extent that the majority’s amendment of rule 1.370 is based … so much of it as is true and qualify or deny the remainder.

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

40 Fla. L. Weekly Supp. 647 · Supreme Court of Florida · Nov 19, 2015

You will need to publish notice once each week for four consecutive weeks in a “qualified” newspaper in the county where the case is pending. When in doubt, ask the clerk which newspapers are “qualified.” … action to establish or modify time-sharing.

Public Defender, Eleventh Judicial Circuit of Florida v. State

38 Fla. L. Weekly Supp. 339 · Supreme Court of Florida · May 23, 2013

Wainwright, the Florida Legislature first established the office of the Public Defender in 1963. See ch. 63-409, § 1, Laws of Fla. … However, we clearly labeled the motion to decline future appointments as a motion for “prospective withdrawal,” id., which would subject such motions to the dictates of section 27.5303.

In re Florida Rules of Civil Procedure 1967 Revision

187 So. 2d 598 · Supreme Court of Florida · Jun 15, 1966

The court may establish by rule a pre-trial calendar on which actions may be placed for consideration. … It shall state fully and clearly all of the facts which the movant conceives may entitle him to a continuance.

In Re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation

34 Fla. L. Weekly Supp. 336 · Supreme Court of Florida · May 28, 2009

The Task Force, through its Definition Subcommittee, after studying rules in place in other jurisdictions, rejected a "laundry list" approach of identifying case types that would *561 qualify as complex in favor of a more … The rule requires the court, following the case management conference, to issue a case management order establishing certain pretrial deadlines.

Palm Beach County Canvassing Bd. v. Harris

772 So. 2d 1273 · Supreme Court of Florida · Dec 11, 2000

The Recount Conflict Section 102.166(1) states that "[a]ny candidate for nomination or election, or any elector qualified to vote in the election related to such candidacy, shall have the right to protest the returns of the … The November 26, 2000, date was not a new "deadline" and has no effect in future elections. [22] It was simply a date in accordance with the requirements that had been established prior to the election and in order to construe

Hernandez v. State

34 Fla. L. Weekly Supp. 149 · Supreme Court of Florida · Jan 30, 2009

While such evidence is not to be considered in establishing either an aggravating circumstance or a mitigating circumstance, you may still consider it as evidence in this case. … State, 680 So.2d 413, 419-20 (Fla.1996) (“Clearly, the boundaries of relevance under the statute include evidence concerning the impact to family members.

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

256 So. 3d 1218 · Supreme Court of Florida · Oct 25, 2018

under section 768.28(9), Florida Statutes; or (xi) that, as a matter of law, a party is not entitled to sovereign immunity . ; or (xii) that, as a matter of law, a settlement agreement is unenforceable, is set aside, or … In every case the duty of counsel is discharged without filing a motion for rehearing en banc unless one 1 of the grounds set forth in (d) (1) is clearly met.

Petition of Fla. Bar, Rules of Juv. Proc.

10 Fla. L. Weekly 1 · Supreme Court of Florida · Dec 28, 1984

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. (ii) Time for Filing. … or physical condition, including the blood group, of a parent, guardian or other person requesting custody of a child is in controversy, the court may order the person to submit to a physical or mental examination by a qualified

Amos v. Mathews

99 Fla. 65 · Supreme Court of Florida · Jan 15, 1930

Jones that it has been established on high judicial authority that as to the State governments there is no limitation upon the power of the Legislature as to the amount or objects of taxation; that the interest, wisdom, and … From the foregoing it must follow that a public highway is essentially a State instrumentality, that counties and road districts as corporate entities have a mere qualified proprietary right in them even though constructed