Case law

Panda-Kathleen, LP/Panda Energy Corp. v. Clark

701 So. 2d 322 · Supreme Court of Florida · Sep 18, 1997

We recognize, as did the court in Freehold, that utility-type rate regulation is clearly preempted. … NOTES [1] 16 U.S.C. § 824a-3(e)(3)(A) (1994), provides: (e) Exemptions .... (3) No qualifying small power production facility or qualifying cogeneration facility may be exempted under this subsection from— (A) any State law

State Ex Rel. Reynolds v. City of St. Petersburg

133 Fla. 766 · Supreme Court of Florida · Aug 1, 1938

Wahlman is the duly appointed and qualified building inspector of the City of St. … We find nothing in the Ordinance 873-A which is calculated. to work any hardship on a competent and qualified contractor.

Auto-Owners Ins. Co. v. Anderson

25 Fla. L. Weekly Supp. 211 · Supreme Court of Florida · Mar 23, 2000

In contrast to the clause drafted by Auto-Owners in this case, the limiting provisions of the insurance policies set forth in the recent reported decisions include an introductory qualifying clause that clearly and unambiguously … In contrast, the language in the Auto-Owners' policy does not contain a qualifying clause, nor does it otherwise clearly and unambiguously limit such liability.

Parrish v. State

90 Fla. 25 · Supreme Court of Florida · Jun 13, 1925

abused or the rights of the accused clearly have been injuriously affected. … They possessed no authority to either arrest *32 the defendant or offer him immunity from punishment. The statements were made extra,judicially.

Browning v. Florida Hometown Democracy, Inc.

35 Fla. L. Weekly Supp. 120 · Supreme Court of Florida · Feb 18, 2010

We clearly rejected such contentions in Tax Relief and Class Size. … may not be used to satisfy the mandatory signature requirements of article XI, see *1073 tion 3, 19 and we have held that “neither verification by the supervisors [of elections] nor certification by the secretary of state immunizes

Agency for Health Care v. Assoc. Indus.

678 So. 2d 1239 · Supreme Court of Florida · Jun 27, 1996

However, suppose Smith qualified for Medicaid and because Dr. Green was a qualified Medicaid provider, Smith's medical bill was not paid by Smith but by Florida Medicaid. … To the extent that section 409.910(9) can be said to establish procedure for class actions, it clearly violates the decision in Avila South Condominium Ass'n v. Kappa Corp., 347 So.2d 599 (Fla.1977).

Shell v. State Road Department

135 So. 2d 857 · Supreme Court of Florida · Nov 29, 1961

We disagree. *860 The concept of an attorney's work product being immune from discovery under the Federal Rules of Civil Procedure was first recognized and announced by the U.S. … The principle established in Hickman v. Taylor, supra, holding the work product immune from discovery procedures has been recognized and accepted in a number of cases in this state.

State v. Cotton

769 So. 2d 345 · Supreme Court of Florida · Jun 15, 2000

upheld recidivism statutes `against contentions that they violate constitutional strictures dealing with double jeopardy, ex post facto laws, cruel and unusual punishment, due process, equal protection, and privileges and immunities … As the House and the Senate Reports both recognized, the effect of the proposal would be to impose a mandatory minimum sentencing requirement in all cases where the prosecutor was able to establish that the defendant qualified

Schneider v. Sweetland

214 So. 2d 338 · Supreme Court of Florida · Sep 11, 1968

attempts to preclude others from making recommendations in the premises nor does the statute in anyway discriminate against nor deprive chiropractors who are not members of such association designated of any privileges, immunities … discussion of F.S. 460.27(3) (c), F.S.A., “For other good and sufficient reason” — holding in fine that when considered with the remainder of the section it is too vague, indefinite and uncertain in that no guidelines are established

Hall v. State

568 So. 2d 882 · Supreme Court of Florida · Sep 6, 1990

Farinacci to testify as experts during the guilt phase of the trial, not only must these witnesses clearly be qualified to provide expert testimony on Hall's sanity or lack thereof, but their testimony must also clearly be … Farinacci, as a clinical psychologist experienced in evaluating an individual's mental state, and who had personally examined Hall, clearly was *885 qualified to testify as an expert on Hall's sanity. See Ross v.

TGI Friday's, Inc. v. Dvorak

663 So. 2d 606 · Supreme Court of Florida · Aug 24, 1995

This section shall not be construed to waive the limits of sovereign immunity set forth in s. 768.28. (Emphasis added.) … There the legislature established the mechanism by which an entitlement is converted to an award of attorney's fees.

Nodar v. Galbreath

462 So. 2d 803 · Supreme Court of Florida · Dec 13, 1984

by a qualified privilege. … The accusation that the teacher gave the student a poor mark in retaliation for the father's complaints about her teaching, while clearly capable of stating defamatory meaning, does not show express malice.

Salters v. State

758 So. 2d 667 · Supreme Court of Florida · May 11, 2000

Thus, this Court clearly recognized in Scanlan that a single subject rule violative chapter law may be cured by means other than the biennial adoption process. … These additional claims are clearly outside the scope of the certified conflict issue, and we decline to address them. See e.g., Ross v.

State v. County of Dade

125 So. 2d 833 · Supreme Court of Florida · Oct 19, 1960

The court below, computing qualified electors as first above indicated, found that the 105,112 freeholders’ votes cast constituted a majority of the 133,049 qualified to participate. … Under the established rule in this jurisdiction the error noted was ineffectual to vitiate the judgment. See Pickett v. Russell, 42 Fla. 116 , 28 So. 764 ; State ex rel. Clark v.

Public Health Trust of Miami-Dade County v. Acanda

36 Fla. L. Weekly Supp. 289 · Supreme Court of Florida · Jun 23, 2011

Dade County School Board, 442 So.2d 210, 212 (Fla.1983), we observed that “[sjection 768.28(6) clearly requires written notice to the department within three years of the accrual of the claim before suit may be filed against … Gallagher, 640 So.2d 120, 122 (Fla. 5th DCA 1994) (“[Although section 768.28(6) imposes a deadline for the giving of notice, section 768.28(7) does not, on its own, establish any time limits for serving the Department of

Heyward v. Hall

144 Fla. 344 · Supreme Court of Florida · Oct 4, 1940

Such authority conferred upon the qualified elector inhabitants of any hamlet, village or town in the State to establish a municipal government for themselves by prescribed proceedings is merely to establish stated facts … Statutory authority conferred upon male inhabitants who are qualified electors to establish municipal governments for themselves by prescribed procedure, does not necessarily involve the exercise of “the right of citizens

Florida Bar Re Amendment to Integration Rule

399 So. 2d 1385 · Supreme Court of Florida · May 21, 1981

The constitutional authority for lawyers to advertise was established in Bates v. State Bar of Arizona, 433 U.S. 350 , 97 S.Ct. 2691 , 53 L.Ed.2d 810 (1977), and Ohralik v. … In accordance with the plan, a lawyer may publish and advertise that he is “Qualified in (permitted area) under the Florida Designation Plan.” Certification.

Clausell v. Hobart Corp.

12 Fla. L. Weekly 591 · Supreme Court of Florida · Dec 3, 1987

Carolina Environmental Study Group, Inc., 438 U.S. 59, 88 , 98 S.Ct. 2620, 2638 , 57 L.Ed.2d 595 (1978), the United States Supreme Court noted that "[o]ur cases have clearly established that `[a] person has no property, no … Zimmerman Brush Co., 455 U.S. 422 , 102 S.Ct. 1148 , 71 L.Ed.2d 265 (1982), the Court acknowledged that a cause of action is a species of property but pointed out that the state remained free to create substantive defenses or immunities

Republican State Executive Committee v. Graham

388 So. 2d 556 · Supreme Court of Florida · Sep 17, 1980

388 So.2d 556 (1980) REPUBLICAN STATE EXECUTIVE COMMITTEE, a Political Committee Established Pursuant to Laws of Florida, Petitioner, v. Robert GRAHAM, As Governor of the State of Florida, Respondent. No. 59616. … The statute clearly states that if there is only one candidate at the close of qualification, that candidate is automatically nominated for office.

Gray v. Bryant

125 So. 2d 846 · Supreme Court of Florida · Dec 19, 1960

Our decision does not and cannot disturb the cycle so established. … "Duly qualified" now means the "election and qualification" of a successor. Of course, one might be elected and fail to qualify.