Case law

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.

Ponton v. State

36 Fla. L. Weekly Supp. 322 · Supreme Court of Florida · Jun 30, 2011

In other words, once the State established that Ponton had one qualifying prior felony, he was properly sentenced as an HVFO. … However, the second part of section 775.084(5), which also requires that the prior felony be “sentenced separately from any other felony conviction that is to be counted as a prior felony,” clearly applies only to an HFO

Remeta v. State

522 So. 2d 825 · Supreme Court of Florida · Mar 31, 1988

Instead, we find it was clearly proper to establish Remeta's possession of the murder weapon and counteract Remeta's statements *828 blaming the crimes on his companion. … The general qualification process is often conducted by one judge, who will qualify a panel for use by two, three, or more judges in multiple trials.

Melton v. State

949 So. 2d 994 · Supreme Court of Florida · Nov 30, 2006

And when you're under subpoena by the State of Florida that means you get immunity, doesn't it? A. I guess. I don't know. Q. You don't know. Are you telling this jury you don't know what immunity is? A. … Thus, his role in the crime was already established.

Gonzales v. Sullivan

16 Fla. 791 · Supreme Court of Florida · Jun 15, 1878

This, we clearly think, the General Assembly had a right to do.” … It might just as well attempt in the charter of a corporation to contract that’ unless the stock yielded an income of six per cent, a future Legislature should not have power to establish rules of property or to perform the

James Aren Duckett v. State of Florida

Supreme Court of Florida · Apr 30, 2026

The court found that Duckett had failed to establish how the information he sought could lead to his exoneration. … Once that ruling was made, Duckett was not required to establish anything else to receive the complete results of that testing.

State v. Cumming

365 So. 2d 153 · Supreme Court of Florida · Nov 22, 1978

The statute clearly prohibits possession without a permit from the Commission of "any wildlife as defined in this act." … As for a qualified person, one is left to guess whether meeting all or any of the criteria in either of the rules establishes a person as qualified.

Custer v. State

159 Fla. 574 · Supreme Court of Florida · Jul 15, 1947

That placing the new and additional names of some four hundred and eighty three names of persons selected and qualified to serve as jurors in said county in said box after it had been emptied, created and established an illegal … , there was not a legally established and existing box from which to draw and select names of persons qualified to serve and acting as jurors on this panel, and says that the whole panel selected and chose to serve in this

Richardson v. City of Miami

144 Fla. 294 · Supreme Court of Florida · Sep 27, 1940

Richardson, was an osteopathic physician and engaged in the practice of his profession in' the City of Miami and. had completed a four-year course in an accredited Osteopathic School or College; was qualified and licensed … Colorado in denying the contention of Newton, said, in part: *303 “* * * fjjg question for decision upon this record is whether the plaintiff, who is an osteopathic physician' is deprived-of his rights under the privileges and immunities

Teare v. Local Union No. 295

98 So. 2d 79 · Supreme Court of Florida · Nov 6, 1957

We come to the question of qualified privilege. Appellees assert that Mr. … Not so, however, where he goes out into the community at large and undertakes to publish clearly derogatory remarks with reference to the non-Union man.

Layne v. Tribune Co.

108 Fla. 177 · Supreme Court of Florida · Feb 3, 1933

But words' or publications actionable only per quod are those whose injurious effect must be established by due allegation and proof. … evil or crim-: inal prosecution, but was simply intended to secure to the conductors of the press the same rights and immunities, and such rights and immunities only,-as were enjoyed by the public at large.

State v. Davis

720 So. 2d 220 · Supreme Court of Florida · Oct 22, 1998

And Diane Mason in her article, refers to the moment just before the collision actually occurred— clearly she spoke to the victim about how the collision occurred. … Smallheer, 160 Vt. 193 , 624 A.2d 368 (1993) (acknowledging that law in this area is not clearly defined); Brown v. Commonwealth, 214 Va. 755 , 204 S.E.2d 429 (1974); Senear v.

State of Fla. Ex Rel. Johnson v. Johns

92 Fla. 189 · Supreme Court of Florida · Jul 5, 1926

Young shall constitute the first Commission, and they shall hold office for four years and until their successors are elected and qualified. … legislature is clearly within the scope of its express authority.

Jordan v. Duval County

68 Fla. 48 · Supreme Court of Florida · Jun 30, 1914

Chapter 6580, Acts of 1918, is a local and special law authorizing the county of Duval if duly approved by the qualified voters of the county to issue bonds and to levy a tax to pay the principal and interest thereof, “for … The theory of the holding being that the military organization of the Florida State Troops was wholly a State institution established for a purely • State purpose, and that under such conditions, providing-armories for the

Orlowitz v. Orlowitz

199 So. 2d 97 · Supreme Court of Florida · Mar 1, 1967

We agree with the petitioner that the chancellor committed reversible error in immunizing the respondent from all inquiry concerning his financial worth. … It is well established that the financial ability of the parties is one of the more important elements that enter into the determination of the amount of alimony and other allowances. 24 Am.Jur.2d "Divorce and Separation,

Mills v. Moore

786 So. 2d 532 · Supreme Court of Florida · Apr 12, 2001

Valid aggravating circumstances existed, and the defense established the existence of no statutory mitigating circumstances. The jury, however, recommended life imprisonment. … This Court rejected the application of law of the case under these circumstances, holding that the Supreme Court's decision in Davis qualifies as an exceptional situation ...

State ex rel. White v. Anderson

62 So. 2d 343 · Supreme Court of Florida · Dec 16, 1952

. * * *» An examination of these regulations establishes quite clearly that the very purpose of this type of vocational training is, to use the very words of the Federal Regulation, “help him to keep abreast of technological … The evidence established this to be true.

Raford v. State

828 So. 2d 1012 · Supreme Court of Florida · Sep 26, 2002

By its express terms, however, the statute clearly excludes those actions that constitute aggravated child abuse and includes actions that constitute simple battery. … The defendant moved to dismiss the information, arguing that as a parent employing corporal punishment on his child he was immune from prosecution for simple child abuse.

State v. Florida State Improvement Commission

158 Fla. 743 · Supreme Court of Florida · Apr 18, 1947

Counties, Districts and Municipalities may issue bonds only by approval of a majority of votes cast in an election in which a majority of the freeholders who are qualified electors shall participate. … The legislature apparently took this view by its enactment of Chapter 440.50, Florida Statutes of 1941, as follows: “(1) There is established in the state treasury a special fund for the purpose of providing for the payment

Reform Party of Florida v. Black

885 So. 2d 303 · Supreme Court of Florida · Sep 17, 2004

It follows that when the state imposes a burden upon access to the ballot, that burden must be clearly delineated. … There are no magic words or numbers to establish precisely what would qualify a party as "national." What is clear, however, is that a party labeling itself a "national party" does not make it so.