Case law

Florida Bar re Amendments to the Rules Regulating the Florida Bar

15 Fla. L. Weekly Supp. 153 · Supreme Court of Florida · Mar 16, 1990

As to immunity of the complainant, the Commission recommends that the complainant not be given immunity or privilege from civil liability but be subject to applicable Florida law. … However, the Bar proposes absolute immunity if disclosure of the proceedings is not made by the complainant and qualified immunity if disclosure is made.

State v. Bender

382 So. 2d 697 · Supreme Court of Florida · Apr 3, 1980

test was performed by a qualified operator with the proper equipment and (3) expert testimony was presented concerning the meaning of the test. … There is no showing that these manufacturers' operating manuals are unavailable, and the respondents clearly have the right in their individual proceedings to attack the reliability of the testing procedures or the operator's

The Florida Bar v. Inglis

20 Fla. L. Weekly Supp. 477 · Supreme Court of Florida · Sep 21, 1995

West was twofold: (1) They wanted the Respondent to defend them against allegations of paternity in the HRS complaint; and (2) if it was established that Mr. … Respondent advised the Wests that a putative father did not have a cause of action for custody, clearly misstating the law in Florida at that time.

Town of Enterprise v. State ex rel. Attorney-General

29 Fla. 128 · Supreme Court of Florida · Jan 15, 1892

They had the right to re-establish the lost transcript and have it recorded. … We recognize the well settled rule that it is only in cases where the act of the Legislature is clearly repugnant to the Constitution-that it will be so declared. In Strange vs.

Bundy v. Rudd

366 So. 2d 440 · Supreme Court of Florida · Dec 22, 1978

Regardless of whether respondent ruled correctly in denying the motion for disqualification as legally insufficient, our rules clearly provide, and we have repeatedly held, that a judge who is presented with a motion for … Once a basis for disqualification has been established, prohibition is both an appropriate and necessary remedy. Brown v. Rowe, 96 Fla. 289 , 118 So. 9 (1928).

State v. Dekle

173 So. 2d 452 · Supreme Court of Florida · Mar 31, 1965

Absent such showing — even in private litigation — the defense of laches is inapplicable. [3] This record conclusively establishes that the qualified electors of this State have amended Article XVII of the Florida Constitution … That mandamus is the proper remedy and that the relator is entitled to the peremptory writ is clearly established by many precedents of this Court. The most pertinent is State ex rel. Knott v.

Hysler v. State

132 Fla. 209 · Supreme Court of Florida · Feb 3, 1938

It violates the letter and spirit of the Fourteenth Amendment to the Federal Constitution, which provides: “ ‘* * * No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the … There is no organic right to have *232 the names of persons who are qualified for jury duty selected hy the county commissioners.

Time Ins. Co., Inc. v. Burger

23 Fla. L. Weekly Supp. 309 · Supreme Court of Florida · Jun 12, 1998

On the other hand, we must acknowledge that footnote 10 was clearly obiter dictum. … Key, 657 So.2d 1146 (Fla.1995), specifically limited the use of expert testimony in establishing damages for mental anguish.

Bailey v. Van Pelt

78 Fla. 337 · Supreme Court of Florida · Aug 12, 1919

The members of said Board who are appointed by the Governor shall hold office for four years and until their successors shall have been duly appointed and qualified. … In order to justify the courts in declaring invalid *350 as a delegation of legislative power a statute conferring particular duties or authority upon administrative officers it must clearly appear beyond a reasonable doubt

Krischer v. McIver

697 So. 2d 97 · Supreme Court of Florida · Jul 17, 1997

Consequently, in my view, the State has clearly established under the circumstances presented that its compelling interests in preventing suicide outweigh any interests Mr. … Yet our cases clearly establish two other autonomy interests of great magnitude. *115 They arise from life's two most personal and private experiences—procreation and death.

Bancroft Investment Corp. v. City of Jacksonville

157 Fla. 546 · Supreme Court of Florida · Jan 15, 1946

land less than the legal title is taxable subject to a property lien in favor of the vendor for unpaid purchase money, it certainly is not authority for taxing the property interest of the vendee in the case at bar; it clearly … We have said, it is true, that “in equity, where the relation of vendor and vendee has been established by the vendor executing a contract to convey the legal title to property upon the payment by the vendee of the purchase

Acree v. State

153 Fla. 561 · Supreme Court of Florida · Oct 8, 1943

The motion for a continuance in the case at bar fails to conform to the established rule and appellant and counsel failed to carry the burden cast on them by law in clearly showing an abuse of discretion on the part of the … The diagnosis of the mental condition of the appellant by the staff physicians was established.

Chavez v. State

34 Fla. L. Weekly Supp. 383 · Supreme Court of Florida · Jun 25, 2009

See Chavez, 832 So.2d at 751 (“The record clearly reflects that Chavez’s intelligence, education, and alienage did not adversely affect his understanding of his rights during the police interrogation progress. … Chavez cannot rely on the per se rule from Cronic to avoid establishing prejudice for each of the claims denied by the postconviction court.

Ramirez v. State

542 So. 2d 352 · Supreme Court of Florida · Mar 16, 1989

This Court, as most other courts, will accept new scientific methods of establishing evidentiary facts only after a proper predicate has first established the reliability of the new scientific method. … Clearly, in the instant case, insufficient evidence exists to establish the requisite predicate for the technician's positive identification of the knife as the murder weapon.

State ex rel. C. P. O. Mess v. Green

174 So. 2d 546 · Supreme Court of Florida · Apr 23, 1965

Prior to that act it was clearly a tax to be paid by the manufacturers or distribu tors — not the purchasers or consumers. … In this instance, out of its apparent zeal to be helpful to its own citizens, the state simply encroached upon a long-established concept of intergovernmental immunity from taxation. The motion to quash is denied.

State of Florida Ex Rel. Davis v. City of Stuart

97 Fla. 69 · Supreme Court of Florida · Jan 30, 1929

It is also contended that the answer fails to show ratification by a majority of the qualified freeholder voters, as required by the act, merely alleging ratification by a majority of the "qualified voters." … Perhaps the meaning intended was, voters qualified to vote under the act.

State v. Huggins

802 So. 2d 276 · Supreme Court of Florida · Mar 22, 2001

Clearly in this section, the Legislature intended the word dwelling to be modified by the adjectives "occupied" and "unoccupied." … The defendant argues that the PRR provision clearly applies to burglary of an occupied structure or an occupied dwelling.

Hall v. State

15 Fla. L. Weekly Supp. 454 · 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.

State Ex Rel. Owens v. Pearson

156 So. 2d 4 · Supreme Court of Florida · May 29, 1963

We now hold that the qualifying words do not relate to decisions of the district court of *7 appeal and that the contention of the respondent in this connection cannot be sustained. … F.A.R. 1.3 [10] clearly and specifically provides that such decree shall not be deemed to have been rendered until such motion is disposed of. In Ganzer v.

The Florida Bar v. Catarcio

23 Fla. L. Weekly Supp. 80 · Supreme Court of Florida · Feb 12, 1998

In this case, Catarcio has failed to meet his burden of showing the referee's findings of fact to be clearly erroneous or unsupported by the record. … Bankr.J. 37, 41 (1996) (stating that "[t]yping is the only activity paralegals can perform with absolute immunity").