Case law

& SC14-1618 Florida Bankers Association v. Florida Development Finance Corporation, etc. & Robert Reynolds v. Florida Development Finance Corporation, etc.

Supreme Court of Florida · Oct 15, 2015

The purpose of the bonds is to finance qualifying improvements pursuant to the Property Assessed Clean Energy Act (PACE Act), established by the Legislature in section 163.08, Florida Statutes (2014).1 The PACE Act … The general notice that was condemned by the Supreme Court in Pope is analogous to what has occurred here with regard to the special assessments, which clearly qualify as state action.

Canney v. Board of Pub. Instruction of Alachua Cty.

278 So. 2d 260 · Supreme Court of Florida · Apr 6, 1973

F.S.A.), establishes minimum requirements for the adjudication of any party's legal rights, duties, privileges or immunities by state agencies. … Stat. § 120.20 : "Legislative intent for part II. — It is the intent of the legislature to establish minimum requirements for the adjudication of any party's legal rights, duties, privileges or immunities by state agencies

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.

Baron v. Bailey

275 So. 2d 519 · Supreme Court of Florida · Feb 28, 1973

Adoption of the majority opinion would establish a dangerous precedent which could destroy the immunity specifically given by the Statute. … The Florida Legislature has clearly enacted the above statute saying they are "unassignable." If the law needs changes or exceptions engrafted into it, the Legislature should do it.

State ex rel. McQuaid v. County Commissioners

23 Fla. 483 · Supreme Court of Florida · Jun 15, 1887

This view makes it qualify the operation of the proviso to section 21, whereas any other construction would make section 8 entirely nugatory. … Of course, until such vacancy was filled, and the appointee thereto “qualified,” the person whose term had so expired by limitation would continue to hold.

Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative Hearings

948 So. 2d 705 · Supreme Court of Florida · Jan 11, 2007

Further, I set out here that portion of the opinion that I believe so clearly distinguishes the function of administrative proceedings under NICA (as those functions existed under the controlling law to be applied at the … The 1998 amendments also established that “[n]o civil action may be brought until the determinations [regarding compensability] under s. 766.309 have been made by *721 the [ALJ].” Id.

Attorney General Ex Rel. Taylor v. Crawford

95 Fla. 438 · Supreme Court of Florida · Mar 9, 1928

It is a well-established fundamental principle of the law *Page 442 of mandamus that "the writ will never be granted in cases when, if issued, it would prove unavailing, or when compliance with it would be nugatory in its … He seeks to qualify as a candidate for the nomination as the Democratic party's candidate for Governor in the primary election to be held on June 5th, 1928, so that, if nominated, he may be qualified as the party's nominee

State, Ex Rel. v. Bird and Viney

120 Fla. 780 · Supreme Court of Florida · Sep 12, 1935

“The Constitution clearly contemplates joint action by the Governor and the Senate in the matter of these appointments when possible and as soon as possible.” Advisory Opinion to the Governor, 64 Fla. 16 , 59 So. 782 . … and have not been discontinued; but it is a recognition that the office remain as theretofore established.

State Ex Rel. Landis v. Ward

117 Fla. 585 · Supreme Court of Florida · Dec 12, 1934

And unless legislation duly enacted be clearly contrary to- some expressed, or necessarily implied, prohibition contained in the State Constitution, or is shown to be in violation of the Federal Constitution, the courts of … qualifications to practice as a land ■.surveyor, and that a-writ of ouster may be ordered in 'such case on complaint of the Attorney General proceedings in .quo warranto, if the cause of the complaint be duly admitted ■or established

Campbell v. State

331 So. 2d 289 · Supreme Court of Florida · Mar 31, 1976

Among these establishments was Robbie's YumYum Tree Lounge, where appellant was employed as a waiter. … This is not to say that such establishments provide sanctuary from enforcement of our criminal laws.

International Builders of Florida, Inc. v. Stevens

217 So. 2d 101 · Supreme Court of Florida · Dec 12, 1968

occupy the position of an employee under his own subcontract 2 and that therefore he had no remedy under the compensation law, which by its terms is limited to employees, and was not deprived of his right of action by the immunity … The opinion in the present case I think properly rejects the concept of statutory employer applied in these and other decisions rendered on clearly distinguishable facts, 5 the quoted statement from Knight, supra, being necessarily

Correll v. State

698 So. 2d 522 · Supreme Court of Florida · Apr 10, 1997

Clearly, whatever education the witness did or did not possess was discoverable at the time, had the appropriate questions been asked. … Clearly, whatever education the witness did or did not possess was discoverable at the time, had the appropriate questions been asked.

State v. Simpson

554 So. 2d 506 · Supreme Court of Florida · Dec 21, 1989

Nor are we convinced that the offenses for which convictions actually were obtained clearly and convincingly establish an escalating or continuing and persistent pattern of criminality, absent the trial court's error. [5] … We thus answer the second certified question with a qualified affirmative.

Mehl v. State

632 So. 2d 593 · Supreme Court of Florida · Sep 16, 1993

The person analyzing Mehl's blood sample had been qualified and licensed under this procedure. … Therefore, beginning at 12:01 a.m. on April 1, 1994, the State shall not be allowed the benefit of the presumptions established in section 316.1934, Florida Statutes (1989), unless (a) the state has established reasonably

In Re Amendments to Rules Regulating Fl Bar

916 So. 2d 655 · Supreme Court of Florida · Dec 8, 2005

Any fee in excess of 25% shall be presumed to be clearly excessive. … (b) Qualified Pension Plans.

Gibson v. Maloney

231 So. 2d 823 · Supreme Court of Florida · Jan 28, 1970

The Jacova decision, for the reasons expressed by Justice Thornal in his dissent, is clearly irrelevant. … privilege requires a plaintiff to overcome a presumption that the communication was made without malice, but was intended to suggest simply that as a result of the establishment of a qualified privilege, a plaintiff thereupon

Blackburn v. Dorta

348 So. 2d 287 · Supreme Court of Florida · May 5, 1977

The latter characterization of the issue clearly seems preferable and is consistent with the manner in which the jury is instructed under our standard jury instructions. … Such conduct on the tenant's part clearly would be unreasonable. Consequently, his conduct can just as readily be characterized as contributory negligence.

Carlos J. Acevedo v. State of Florida

42 Fla. L. Weekly Supp. 601 · Supreme Court of Florida · May 18, 2017

In answering this question, in the negative—holding that “only the elements of the out-of-state crime should be considered”—this Court stated that “[a] conviction establishes only the elements of the crime, and does not include … When the Legislature enacted the DSFO statute, it clearly did not intend to include the conduct proscribed by subsections (6) and (7) in the types of offenses that would qualify an offender as a DSFO because it specifically

Wilson v. Florida Nat. Bank & Trust Co. at Miami

64 So. 2d 309 · Supreme Court of Florida · Mar 13, 1953

Ward as executors and they duly qualified. The widow dissented from the provisions of the will and elected to take dower. Section 2 of the will of Charles T. … It is well established in this jurisdiction that once property acquires the status of a homestead such characteristic continues to attach to it unless the homestead be abandoned or alienated in the manner provided by law.

Hoyt v. State

119 So. 2d 691 · Supreme Court of Florida · Dec 2, 1959

But, while medical experts were not in full accord on all points, there was ample testimony from which a jury could find that there existed no disabling malfunction at the time of the homicide under the established rules … The record clearly shows Mrs. Hoyt was far from "normally stable", indeed she was, at least, neurotic if not psychotic.