Case law

In Re Petition of Florida Bar

589 So. 2d 818 · Supreme Court of Florida · May 9, 1991

(b) [No change] (c) [No change] Committee Note: This rule clearly defines the difference in procedures for summons for detained and nondetained children. RULE 8.045. NOTICE TO APPEAR (a) Definition. … The period of time established by subdivision (a) may be extended as follows: (1) Stipulation.

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090 · Supreme Court of Florida · Sep 30, 2004

The names and addresses of persons listed shall be clearly designated in the following categories: (i) Category A. … The names and addresses of persons listed shall be clearly designated in the following categories: (i) Category A.

Sommers v. Apalachicola Northern Railroad

75 Fla. 159 · Supreme Court of Florida · Jan 31, 1918

.- The bill clearly, fully and specifically discloses how this was done and details the various transactions in the scheme to defraud and dispoil'the complainants. … The directors shall be chosen annually by the stockholders at the time fixed in the charter; they shall be stockholders qualified to vote at the election at which they are chosen.

Maxwell v. Jacksonville Loan & Improvement Co.

45 Fla. 425 · Supreme Court of Florida · Jan 15, 1903

. • His conclusion is that, “in tins commonwealth the general rule,, as applied in a variety of circumstances, and now well established is, that in computing time from the date, or from the day of the date, or from a certain … The statutes are construed as though they contained provisos or qualifying words exempting from their operation such contracts as contained alternative provisions for penalties, and liquidated damages, or the con-' tracts

The Florida Bar v. Dove

985 So. 2d 1001 · Supreme Court of Florida · Jun 12, 2008

sanctions imposed upon a member of the Bar for ethical misconduct must: (1) be fair to society, both in terms of protecting the public from unethical conduct and at the same time not denying the public the services of a qualified … Under Florida law, the Grandparents clearly possessed statutorily created rights with regard to the adoption of this grandchild. See § 63.0425(1), Fla. Stat. (2002); B.B. v.

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

35 Fla. L. Weekly Supp. 149 · Supreme Court of Florida · Mar 4, 2010

Defense issue whether defendant had qualified privilege: If defendant has a qualified privilege as a matter of law, skip to instruction 4.05.9ÓL On the defense of privilege, I instruct you that provided one does not speak … Truth-or-falsity is not submitted a second time because proof of truth is not necessary to a qualified privilege defense. 6. Qualified privilege for defendant under Florida law.

In Re Implementation of Committee on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure

78 So. 3d 1045 · Supreme Court of Florida · Nov 3, 2011

A Parenting Plan will be established by the court. Temporary Relief ... … (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.

Timothy Lee Hurst v. State of Florida

41 Fla. L. Weekly Supp. 433 · Supreme Court of Florida · Oct 14, 2016

Moreover, the jury’s role in finding facts that would determine a homicide defendant’s eligibility for capital .punishment was particularly well established. … Mitigating circumstances need only be established by a preponderance of the evidence, Diaz v.

In re Florida Rules of Juvenile Procedure

393 So. 2d 1077 · Supreme Court of Florida · Dec 24, 1980

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. … competency of the child named in the petition and the court has set the matter for an adjudicatory hearing or a hearing to determine the mental condition of the child, the court may appoint not exceeding three (3) disinterested qualified

League of Women Voters of Florida v. Detzner

179 So. 3d 258 · Supreme Court of Florida · Dec 2, 2015

The amendment established “stringent new standards” for the “ ‘once-in-a-decade’ apportionment,” and these new standards “clearly act as a restraint on the Legislature.” Apportionment I, 83 So. 3d at 597. … (“Generally, the burden of proof is on the party who asserts the proposition to be established.”).

Amendments to Florida Rules of Workers' Compensation Procedure

17 Fla. L. Weekly Supp. 296 · Supreme Court of Florida · May 14, 1992

The reports should clearly disclose the expert opinion and its basis on all subjects on which the expert will testify. … If a mediator is disqualified, the chief judge shall immediately enter an order naming a qualified replacement.

State v. Kelly

999 So. 2d 1029 · Supreme Court of Florida · Dec 30, 2008

This Court clearly stated in Traylor v. … Louisiana, 391 U.S. 145, 159 , 88 S.Ct. 1444 , 20 L.Ed.2d 491 (1968) ("Crimes carrying possible penalties up to six months do not require a jury trial if they otherwise qualify as petty offenses[.]"

In Re Family Law Rules of Procedure

20 Fla. L. Weekly Supp. 581 · Supreme Court of Florida · Nov 22, 1995

If you have established any trusts, state the following information: (1) The date the trust was established. (2) The names and addresses of the trustees. (3) The names and addresses of the beneficiaries. (4) The names and … You may wish to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or other qualified person. IV.

Sean Alonzo Bush v. State of Florida

Supreme Court of Florida · May 14, 2020

The following circumstances were rejected by the jury as not established by the greater weight of the evidence. … Specifically, the trial court ruled that Nicole’s statement to Deputy Harris that she did not know who attacked her qualified as a dying declaration, and this statement was admitted into evidence.

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

682 So. 2d 105 · Supreme Court of Florida · Oct 31, 1996

Dvorak, 663 So.2d 606 (Fla.1995), we held: Under this statute, the legislature did not give judges the discretion to determine whether it is reasonable to entitle qualifying plaintiffs to fees. … The court may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon.

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098 · Supreme Court of Florida · Oct 5, 2000

Rule 1.525 is adopted, establishing the time for serving motions for attorneys’ fees and costs. … It is based on federal rule 12(h) but more clearly states the purpose of the rule. 1988 Amendment.

Amendments to Florida Rules of Appellate Procedure

27 Fla. L. Weekly Supp. 730 · Supreme Court of Florida · Aug 29, 2002

Subdivision (d) establishes the time for filing jurisdictional briefs and prescribes their content. … Subdivision (c) was adopted to identify more clearly what constitutes the record in appeals from administrative proceedings.

Florida Bar

345 So. 2d 655 · Supreme Court of Florida · Mar 17, 1977

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 Piling. … (c) The court may extend the period of time established by this order on motion of any party, after hearing, on a finding that the interest of justice will be served by such extension.