Case law

The FLORIDA BAR Re ADVISORY OPINION—MEDICAID PLANNING ACTIVITIES BY NONLAWYERS

183 So. 3d 276 · Supreme Court of Florida · Jan 15, 2015

Preparation and Execution of Qualified Income Trusts If a Medicaid applicant’s gross monthly income exceeds a certain amount, a properly drafted Qualified Income Trust must be established and a Qualified Income Trust … If a Qualified Income Trust is not properly established or properly funded each month, then the Medicaid applicant will not be eligible for Medicaid.

Munn v. Finger

66 Fla. 572 · Supreme Court of Florida · Jan 9, 1914

vote,' one to be elected from each ward of the City of Lake-land, and one at large, to serve for two years each from the date of their qualification, or until their successors are elected and qualified. … The only limitations upon the lawmaking power of the legislature are those contained in the Federal and State constitutions, and it does not clearly appear that the power of the legislature by law to confer upon a municipality

Lewis v. JUDGES OF DISTRICT COURT OF APP., FIRST DIST.

322 So. 2d 16 · Supreme Court of Florida · Jul 17, 1975

All leases to have prior approval of this office. (3) The selection of a qualified Operations Officer (Cashier) subject to the prior approval of this office. (4) Articles of Incorporation to be filed with Secretary of State … Clearly the revocation of a conditional approval order does not constitute "final" action in these agency proceedings.

Thomas v. State Ex Rel. Cobb

58 So. 2d 173 · Supreme Court of Florida · Mar 28, 1952

Constitutional restraints, therefore, may be found either in the express language employed or in the purpose clearly, though impliedly, evidenced thereby. … he was an attorney and was qualified to practice his profession.

State Ex Rel. Florida Bar v. Calhoon

102 So. 2d 604 · Supreme Court of Florida · May 7, 1958

The conclusion which we here reach takes cognizance of the proposition that a judge as a public official is neither sacrosanct nor immune to public criticism of his conduct in office. … It is an incentive for him to re-gain his own self-respect, the reward being a return to the profession in which he is trained to serve and best qualified to earn a livelihood.

Mendenhall v. Denham

35 Fla. 250 · Supreme Court of Florida · Jan 15, 1895

without undertaking to decide as-to what is the proper remedy in such a case, or whether there is any remedy elsewhere than in the legislative-department of the government for such a case as is-made by the bill herein, we are clearly … By said special act the board of county commissioners are required to provide for the holding of such special election, for the registration, by the proper officer, of all qualified electors; and, if the first and second

Stang v. State

421 So. 2d 147 · Supreme Court of Florida · Sep 2, 1982

The record in Hoffman clearly established that the defense was neither misled by the incorrect date nor prejudiced by the amendment. *150 We cannot reach the same conclusion in the present case since circumstances establishing … State, 397 So.2d 288 (Fla. 1981), this Court qualified the holding of Beamon .

Haynes v. State

71 Fla. 585 · Supreme Court of Florida · Apr 28, 1916

But the quoted fundamental law secures to him the right to have it duly ascertained and determined by timely and appropriate procedure whether members of his race legally qualified to serve as jurors have been unlawfully … Where the Statute of a State in its terms does not abridge a privilege or immunity of citizens of the United States, or does not deny to any person the equal protection of the laws, the action of officials in executing the

Miami Herald Pub. Co. v. Ane

458 So. 2d 239 · Supreme Court of Florida · Sep 13, 1984

Prior to New York Times in 1964, Florida common law governed all defamation actions, and defendants who did not establish either a privilege or truth as an affirmative defense were subject to strict liability. … Clearly the minority view recognizing the qualified privilege applies to publications about public persons and could, at least in some instances, be defeated by carelessness (negligence). [2] This holding is consistent with

Florida Department of Health & Rehabilitative Services v. S.A.P.

27 Fla. L. Weekly Supp. 980 · Supreme Court of Florida · Nov 27, 2002

The history of our common law, clearly predating Florida becoming a state, 18 is that the State as a sovereign cannot be sued in tort except to the extent it waives by statutory law its common law sovereign immunity. … The First District Court of Appeal clearly stated these principles in Greenhut Construction Co. v. Henry A.

Milks v. State

894 So. 2d 924 · Supreme Court of Florida · Feb 3, 2005

Safety, 271 F.3d 38 , 56 (2d Cir.2001) ("[One] establishes a `plus' factor for purposes of the Paul v. … The Act's substantive provisions clearly make the Act's requirements turn only on the fact of previous conviction, not the fact of dangerousness.

Wilson v. Crews

160 Fla. 169 · Supreme Court of Florida · Feb 17, 1948

Chapter 23, 249, Special Act of the Legislature of 1945, abolishing all existing Justice Districts conditioned that it be effective upon its approval at referendum by a majority vote of the qualified electors of the County … Viewing the interrelated provisions in perspective, the changes in the provisions of Article 5, Section 21 wrought by the amendment clearly evince the intent to completely revise the fundamental law governing the establishment

City of Miami v. Romfh

66 Fla. 280 · Supreme Court of Florida · Nov 4, 1913

and maintaining city hospitals; for the purpose of establishing and maintaining a fire department in said city; and for any one or more of said purposes, the Mayor and City Council of said city are hereby authorized to issue … In requiring the Clerk of the Circuit Court to give a specifically designated notice, the statute clearly contemplated that the notice should be by publication in the county where the bonds are to be issued so as to be effective

Henderson v. State

135 Fla. 548 · Supreme Court of Florida · Dec 16, 1938

In 16 C.J. pages 694-695, it is said: "Promise or Hope of Immunity. … The fact that an accomplice testifies with the hope of securing immunity or after a promise of immunity or leniency given by the prosecution, by whom he is offered as a witness, is a matter which is proper to be considered

Horace v. Culver

111 So. 2d 670 · Supreme Court of Florida · May 6, 1959

In the situation at bar, the rule clearly requires that the judgments and sentences imposed against petitioner, as well as his plea to the charges against him, be vacated and set aside. … In the absence of this circumstance, of controlling importance in the case at bar, a judgment would logically be aided by the ordinary presumptions [5] so as to be immune to collateral attack.

Central Public Service Corp. v. Pittman

117 Fla. 27 · Supreme Court of Florida · Oct 19, 1934

We think the evidence was sufficient to establish the fact that Brandon was the agent of the defendant corporation upon whom service' of process would bind the defendant. … the laws of the State of Florida, this violation of the law did not relieve it from, or make it immune from service of process of the courts of this State by serving the same upon such agents transacting business for it

Seaboard Air Line Railway v. Minor

82 Fla. 492 · Supreme Court of Florida · Dec 20, 1921

When evidentiary facts that are essential to a recovery are not clearly established, errors in charges that are calculated to confuse or mislead the jury, may be harmful and may cause a reversal of a judgment in order to … Rep. 661 , though qualified charges were requested, among those offered by the defendant’s counsel.

Miami Herald Publishing Co. v. Morejon

15 Fla. L. Weekly Supp. 302 · Supreme Court of Florida · May 17, 1990

That analysis misapplies settled rules of constitutional interpretation established by this Court and the United States Supreme Court. … I believe that first amendment interests clearly are implicated here, but that a proper *583 balancing of the interests weighs against a qualified privilege under the facts presented. NOTES [1] In Branzburg v.

Dept. of Banking and Finance v. Credicorp

684 So. 2d 746 · Supreme Court of Florida · Oct 31, 1996

Not one of these services is clearly identified on the initial solicitation sent to potential members. 7. … REGULATION This stringent standard for appraising tax measures, however, does not strictly apply if the statute at issue qualifies as a regulatory measure.

SPECIAL TAX SCHOOL DIST. NO. 1 OF DUVAL CTY. v. State

123 So. 2d 316 · Supreme Court of Florida · Sep 28, 1960

We do not interpret the law to require a voter appearing at the polls on election day under the above quoted statute to establish his freeholder status as having occurred between the close of the reregistration books and … Such requirement, being a condition precedent to an effective election, clearly supports the conclusion of the trial judge that this fatality vitiated the entire election.