Case law

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

City Gas Company v. Peoples Gas System, Inc.

182 So. 2d 429 · Supreme Court of Florida · Jul 14, 1965

error charging that the chancellor had erred in refusing to hold specifically that the agreement was also void as being in violation of Title 15, U.S.C.A. and as burdening interstate commerce, although these issues had been clearly … Ch. 542, F.S.A., it is unnecessary to determine whether commission approval would operate to immunize the agreement from invalidity under the chapter.

Florida Dhrs v. Sap

835 So. 2d 1091 · Supreme Court of Florida · Nov 27, 2002

With the Legislature having so clearly waived sovereign immunity and established that the state "shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances," … 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.

Barndollar v. Sunset Realty Corp.

379 So. 2d 1278 · Supreme Court of Florida · Dec 6, 1979

The act provides that this special government entity be established upon approval by a majority vote of "qualified persons" in a referendum to be held Tuesday, November 6, 1979. … It was clearly inadequate to apprise interested persons of the scope and purpose of the proposed regulatory scheme.

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.

Hallman v. Hospital & Welfare Board

262 So. 2d 669 · Supreme Court of Florida · Apr 26, 1972

X, § 5, F.S.A., clearly provides that there shall be no distinction between married men and married women in encumbering their property, both real and personal. … In removing the shackles it was also necessary to lower the protective wall immunizing married women from various causes of action, for freedom of activity carries with it many responsibilities.

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.

State v. Robinson

873 So. 2d 1205 · Supreme Court of Florida · Mar 18, 2004

Before 1998, all qualifying felonies involved a sexual component. See § 775.21, Fla. Stat. (1997). … This was clearly improper as a sexual predator designation is not a sentence. See Angell v.

In Re Amend. to Rules Regulating Fla. Bar

718 So. 2d 1179 · Supreme Court of Florida · Sep 24, 1998

The required response may invoke any proper privilege, *1191 immunity, or disability available to the member. 3-5. … Any fee in excess of 25% shall be presumed to be clearly excessive.

Walker v. State

10 Fla. L. Weekly 35 · Supreme Court of Florida · Jan 10, 1985

We held that these types of requirements in sentencing statutes were clearly intended to be mandatory. … We should limit Rhoden and the case here to sentencing procedures involving fundamental errors and retain the heretofore well-established rule that the contemporaneous objection rule is applicable to both guilt and penalty

In Re Proposed Disciplinary Action by Florida Bar Against Circuit Judge

103 So. 2d 632 · Supreme Court of Florida · Jun 11, 1958

It should never be forgotten that one of the first charges contained in the Declaration of Independence was that the tyrannical sovereign had "obstructed the Administration of Justice, by refusing his Assent to Laws for establishing … Prunty so long as he remains the duly qualified and acting judge of the Circuit Court of the Eleventh Judicial Circuit of Florida, and said Board is herewith ordered to cease and desist forthwith from taking further action

Armistead v. State

41 So. 2d 879 · Supreme Court of Florida · Jul 29, 1949

It is a well-established rule of statutory construction that the language of a statute may be so plain as to fix the legislative intent and leave no room for construction. … violates organic law, unless it clearly appears beyond all reasonable doubt that there is a positive conflict.

State Ex Rel. Grodin v. Barns

119 Fla. 405 · Supreme Court of Florida · May 21, 1935

the power of the Legislature in general to enact laws designed to so control the judiciary as to speed up the administration of justice in the appellate courts, should be left for future *426 adjudication in a proper case clearly … one that should be dealt with at all at this time, I make the observations hereinbefore stated, in order to indicate that I do not subscribe to any unqualified doctrine that the courts, qua judicial tribunals, are wholly immune

Darling v. State

808 So. 2d 145 · Supreme Court of Florida · Jan 3, 2002

Mincey, 454 So.2d 587, 595 (Fla. 2d DCA 1984) (observing that it is "well-established *159 that an expert does not need a special degree or certificate in order to be qualified as an expert witness in a specialized area," … In reviewing this argument, the case which most clearly applies is Dean v. State, 478 So.2d 38 (Fla.1985).

Lawnwood Medical Center, Inc. v. Seeger

990 So. 2d 503 · Supreme Court of Florida · Aug 28, 2008

District's findings that the HGL granted Lawnwood a privilege in contravention of article III, section 11(a)(12), by altering the balance of power that has existed since Lawnwood initially approved the Medical Staff Bylaws, clearly … Under the test set forth in Cramp , it cannot be said that the HGL would be an act complete in itself, once the invalid portions are severed, that would accomplish what the Legislature so clearly intended by the many different

North Shore Bank v. Town of Surfside

72 So. 2d 659 · Supreme Court of Florida · May 4, 1954

There is no provision in the ordinance for submitting it to the qualified electors of said municipality for acceptance or rejection. … It is difficult for us to conceive how the Legislature could have more clearly prohibited this municipality from issuing the bonds involved in this litigation absent a vote of the qualified electors.

Downs v. State

453 So. 2d 1102 · Supreme Court of Florida · Jun 21, 1984

that he should get a new sentencing hearing because the prosecutor informed the jury that Barfield was going to trial for first-degree murder; that he should not have been sentenced to death because the manner in which immunity … Bernstein qualified as an expert in this area but reserved ruling as to the weight of his testimony. The Court finds that Mr. Bernstein is qualified by his experience and training to testify as to his opinion.

State ex rel. Lamar v. Dillon

32 Fla. 545 · Supreme Court of Florida · Jun 15, 1893

The two cases are not at all in conflict, and the distinction between them is clearly pointed out. … Thebe was nothing in the North Carolina Constitution to negative its application to municipal elections, but its provisions showed clearly that it was intended to so apply.

Pasco v. Heggen

314 So. 2d 1 · Supreme Court of Florida · Mar 19, 1975

Provision for write-in candidates has been made *3 (Sec. 99.023) and the limitation established appears to be reasonable to this Court. … The establishment of qualification to fill a public office is subject to reasonable regulation by the people through their legislature.

Rasmussen v. South Florida Blood Service

12 Fla. L. Weekly 33 · Supreme Court of Florida · Jan 5, 1987

These cases clearly establish that the federal right to privacy extends protection in some circumstances against disclosure of personal matters. … His interest is in establishing that one or more of the donors has AIDS or is in a high risk group.