Case law

Weber v. Harvey

127 Fla. 706 · Supreme Court of Florida · Apr 17, 1937

It sustained the master’s report and recommendations on the merits of the case -as developed in the pleadings and established by the evidence, and granted complainant’s prayer that defendant Weber’s claim of homestead exemption … A careful study of the record disclosed such a state of the evidence that it cannot be justly said that the Master’s and Chancellor’s conclusions predicated thereon, as given legal effect in the final decree, are clearly

Galen of Florida, Inc. v. Braniff

696 So. 2d 308 · Supreme Court of Florida · May 1, 1997

(d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment of a limited system of compensation irrespective of fault. (2) It is the intent of the Legislature to provide compensation … On the other hand, when the addition of a word is necessary to prevent an act from being absurd and in order to conform the statute to the obvious intent of the Legislature, then words which were clearly omitted through some

State v. City of West Palm Beach

127 Fla. 849 · Supreme Court of Florida · Jan 11, 1937

The City of West Palm Beach was established by Chapter 6411, Acts of 1911. … Florida, Acts of 1933, which were consolidated and merged pursuant to Chapter 16851, Laws of Florida, Acts of 1935, now claim immunity from taxation to refund and fund respectively the bonded and floating debts of said city

In Re: Amendments to Rule Regulating the Florida Bar 5-1.1(g)

Supreme Court of Florida · Jun 18, 2021

qualified legal services and establishing reserves.” … Use of IOTA Funds by Qualified Grantee Organizations The Task Force’s final report proposed a 10% cap on the amount qualified grantee organizations may expend for administrative expenses and establishing reserves

Miami Dolphins, Ltd. v. Metro. Dade County

394 So. 2d 981 · Supreme Court of Florida · Jan 29, 1981

Clearly, the district court was proper in ruling that the ballot in this case was not misleading. … The ruling in Austin is not applicable here, and the privileges and immunities clause has not been violated.

Nassau Power Corp. v. Beard

17 Fla. L. Weekly Supp. 314 · Supreme Court of Florida · May 28, 1992

Under established principles of appellate review, a party must appeal the order in controversy, not a subsequent order that merely reiterates established precedent. Central Truck Lines v. … In Order No. 22341, the Commission clearly adopted the position that the four criteria in section 403.519 are "utility and unit specific" and that need for the purposes of the Siting Act is the need of the entity ultimately

Lieberman v. Marshall

236 So. 2d 120 · Supreme Court of Florida · May 28, 1970

The requirement of Rule 1.610(b) that a complaint must show irreparable injury is long-established law in Florida. See Charlotte Harbor & N. Ry. Co. v. Lancaster, 70 Fla. 200 , 69 So. 720 (1915). … The federal constitution protects the equality of opportunity of all qualified persons to attend. Whether this protected opportunity be called a qualified `right' or `privilege' is unimportant.

Department of Administration v. Horne

269 So. 2d 659 · Supreme Court of Florida · Nov 22, 1972

The able chancellor denied the motion to dismiss for failure to state a cause of action and for plaintiffs' not having standing to sue and the motion's further ground that there was not a justiciable controversy qualifying … If we should immunize from attack the same provision hidden in a General Appropriations Act, then there would be no avenue of relief even if it were illegal, should the appropriate public officials choose not to sue.

Smiley v. State

966 So. 2d 330 · Supreme Court of Florida · Jun 7, 2007

Although the duty to retreat has been previously qualified in Florida through case law, section 776.013 establishes a "no duty to retreat" rule in a broad context that had not previously existed. … case law had not previously established.

Torres-Arboledo v. State

524 So. 2d 403 · Supreme Court of Florida · Mar 24, 1988

Mallea did not qualify as a dying declaration. We cannot say that this ruling was clearly erroneous. Thus, we conclude that that portion of Lorenzo's statement to Dr. … This case is clearly distinguishable from Roberts .

Plante v. Smathers

372 So. 2d 933 · Supreme Court of Florida · Jun 21, 1979

Clearly the primary purpose for which the Sunshine Amendment was adopted *937 was to impose stricter standards on public officials so as to avoid conflicts of interest. … The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection (f), and such rules shall include disclosure of secondary sources

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.

Ward v. State

986 So. 2d 479 · Supreme Court of Florida · Jul 3, 2008

The law is well established that in adopting procedural rules, the court does not adjudicate substantive rights. See Ramos v. State, 505 So.2d 418, 421 (Fla.1987). … This explicit evidence of the purpose of the changed text set out in the legislative history is clearly at odds with the majority's analysis.

Brooks v. State

117 So. 2d 482 · Supreme Court of Florida · Jan 27, 1960

A study of the record in this respect, however, establishes the statement of the officer that the taking of the formal statement was for his (the defendant's) protection was qualified by further stating that by having the … He has been duly convicted by a jury upon evidence which clearly establishes his guilt beyond a reasonable doubt. The judgment is affirmed. THOMAS, C.J., and TERRELL, HOBSON, ROBERTS, THORNAL and O'CONNELL, JJ., concur.

CF Industries, Inc. v. Nichols

13 Fla. L. Weekly 727 · Supreme Court of Florida · Dec 22, 1988

the qualifying facility from the utility shall be billed at the retail rate schedule under which the qualifying facility would receive service as a non-generating customer of the utility; sales of electricity by *237 the … Although this argument was not clearly or forcefully made, was not raised in the petition for reconsideration, and is basically inconsistent with appellants' position that standby rates are distinguishable from other types

State Ex Rel. Swanson v. Strickland

122 Fla. 784 · Supreme Court of Florida · Feb 18, 1936

Chapter 17506.established a new “Broward County Port District.” … Nor was the appointment temporary, for they were appointed to hold office for a year and a half, or until their successors should be elected and qualified.

Miami Transit Co. v. McLin

101 Fla. 1233 · Supreme Court of Florida · Mar 24, 1931

This court fully recognizes the doctrine, long established, that the judicial department cannot prescribe to the legislative department limitations upon the exercise of its existing powers. … In order to justify the courts in striking down an excise as confiscatory it must be so arbitrary or oppressive as to clearly amount to a denial of due process or of equal protection.

In Re: Amendments to Rules Regulating The Florida Bar - Subchapter 4-7 Information About Legal Services

Supreme Court of Florida · Jun 22, 2023

Any information required by these rules to appear in an advertisement must be reasonably prominentclear and conspicuous and must be clearly legible if written, or intelligible if spoken. … (b) – (c) [No Change] (d) When Lawyers May Participate with Qualifying Providers.

Adams v. American Agricultural Chemical Co.

78 Fla. 362 · Supreme Court of Florida · Aug 18, 1919

Keeping clearly in mind the effect of the sections of the statute complained of, are they subject to the constitutional objections insisted upon? We think ont. … These cases establish the law that a statute may be unconstitutional as applied to the facts in one case and con *380 stitutional as applied in another.

Jennifer Brinkmann v. Tyron Francois, etc.

41 Fla. L. Weekly Supp. 25 · Supreme Court of Florida · Feb 4, 2016

, be a resident of the district from which he qualifies.” … Hildebrand, 168 So. 531, 532 (Fla. 1936) (“The primary election laws of this state clearly require participants in primary elections, whether as voters or candidates, to specially register for that purpose.”); § 101.021