Case law

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").

State ex rel. Robert v. Murphy

32 Fla. 138 · Supreme Court of Florida · Jun 15, 1893

successor appears, is clearly pointed out in the case of Johnson vs. … A new electoral agency has been established and the appointive power vastly curtailed.

Equal Ground Education Fund, Inc. v. Secretary, Florida Department of State

Supreme Court of Florida · Jun 10, 2026

0857 Page Five discretion of the [trial] court, to be governed by the circumstances of the case, and that an appellate court will not interfere with the exercise of this judicial discretion, unless an abuse thereof is clearly … The deadline to CASE NO.: SC2026-0857 Page Eleven qualify for federal office in advance of the 2024 election was April 26, 2024.

Saleeby v. Rocky Elson Construction, Inc.

34 Fla. L. Weekly Supp. 106 · Supreme Court of Florida · Jan 30, 2009

Carsten, 624 So.2d 241 (Fla.1993), dealt with a fact pattern dissimilar to this case, it nonetheless clearly established the point that the rule of exclusion in section 768.041(3) is not invariably applied in derogation of … The evidence established that Mr. Elson and his crew had never previously experienced a roof truss collapse.

York v. Pridgen

141 Fla. 439 · Supreme Court of Florida · Jan 23, 1940

Court of Duval County, Florida, against the State Board of Dental Examiners, alleging that in June, 1890, he made application to the Board for a certificate to practice dentistry and was examined by the Board and found qualified … Pilcher, clearly establishes the material allegations of the petition. The evidence adduced fully supports the decree or judgment appealed from. The petitioner below was fortunate in being able to produce Mr.

Marler v. Board of Public Instruction of Okaloosa County ex rel. South Okaloosa Elementary School Special Tax District

197 So. 2d 506 · Supreme Court of Florida · Apr 5, 1967

in bond elections are the same as the places for. voting in general elections, when the bond elections are held in the * * * district; * * * ” The foregoing requirements concerning the location of the polling places are clearly … Altogether the record here establishes that this election was conducted in substantial compliance with the law and that the result was a clear authorization for the issuance of such bonds. The decree is affirmed.

Hoffman v. State

397 So. 2d 288 · Supreme Court of Florida · Apr 9, 1981

In other words, it is essential that the circumstances establishing no prejudice affirmatively appear in the record. … The record clearly establishes that the defense was neither misled by the incorrect date nor prejudiced by the amendment. The district court opinion is approved.

Advisory Opinion to Attorney General

818 So. 2d 491 · Supreme Court of Florida · May 16, 2002

What the summary fails to say is that the framework established in the amendment is self-effectuating. … This Court has no authority *499 to inject itself in the process, unless the laws governing the process have been "clearly and conclusively" violated.

Field v. Field

68 So. 2d 376 · Supreme Court of Florida · Nov 6, 1953

The lower court's order was clearly erroneous under the ruling of this Court in the case of Pawley v. … M-702-51, at which time she clearly stated that her residence was New Jersey and not Florida where the plaintiff had established his residence.

Dutton Phosphate Co. v. Priest

67 Fla. 370 · Supreme Court of Florida · Apr 21, 1914

The defendant corporation not being a citizen of the United States, has no concern with the provision as to privileges and immunities of citizens, even if the protected privileges and immunities could be abridged by the statute … All property rights are held, and enjoyed subject to the fair exercise of the State’s police power to establish regulations that are reasonably necessary to secure the general welfare of the State.

Ellis v. State

25 Fla. 702 · Supreme Court of Florida · Jun 15, 1889

This was clearly error. Stephen vs. State, 11 Ga., 225 ; State vs. Niles, 47 Vt., 82 ; Baccio vs. People, 41 N. Y., 265 ; Lacy vs. State, 45 Ala., 80 ; State vs. Richards, 33 Iowa, 420 ; State vs. … Johnson was at the time a qualified juror.

In Re Estate of Carlton

276 So. 2d 832 · Supreme Court of Florida · Apr 26, 1973

Accordingly, we are concerned with the limited issue of whether a prima facie case was established by petitioner. … Clearly, the decedent was eccentric. However, equally clear was his stated desire on numerous occasions to leave his estate to the petitioner.

Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.

239 So. 3d 615 · Supreme Court of Florida · Mar 22, 2018

The testimony of the second surgeon in this case establishes rather clearly that his evidence was based in part on the same facts and evidence as the first's but also in part on new facts and evidence . … In other words, "opinion testimony by consensus is essentially immune to challenge" and is therefore inadmissible. Id. Here, nothing in Dr. Croker's testimony indicates that he consulted with Dr.

Ex Parte Smith

100 Fla. 1 · Supreme Court of Florida · Jun 14, 1930

No such license tax as provided above shall be required of or collected from any person, firm or corporation who or which owns or operates in the Town of Dunnellon a merchandising establishment, bakery or bottling works and … As it was clearly not the intention of the town council in enacting the ordinance to thus burden that class of persons, it is manifest that the proviso can not be eliminated without producing a result not contemplated by

Keating v. State Ex Rel. Ausebel

173 So. 2d 673 · Supreme Court of Florida · Mar 31, 1965

Also, this case holds a person might have standing to maintain such an action enforcing a special interest or private right but in such event his right to relief must clearly appear. … The immunity against the "padlocking" power of the Director provided for herein relates to an innocent landlord, not involved in the misconduct of the licensee, complained of by the Beverage Department.

Saunders v. City of Jacksonville

157 Fla. 240 · Supreme Court of Florida · Apr 2, 1946

Exemptions from taxation are strictly construed and the property claimed to be exempt must be clearly within the Constitution. See Wolfson v. Heins, 149 Fla. 499 , 6 So. (2nd) 858 . … Tax exemptions, being in the nature of special privileges or immunities, must be strictly construed in favor of the sovereign in order to confine them to the limitations of our Constitution.

Barnes v. Scott

29 Fla. 285 · Supreme Court of Florida · Jan 15, 1892

King have died, and that Andrew Scott, sheriff of Jackson county, has qualified- ex officio as administrator of said Alice Gf. … The ruling of the court under consideration belongs clearly to that class where, no exception was necessary to make it assignable as error or to have it reviewed here.

Chandler v. State

442 So. 2d 171 · Supreme Court of Florida · Jul 28, 1983

There is nothing in the record to suggest that the jurors selected were not in every way competent, qualified, and unbiased. … If a qualified prospective juror is improperly rejected by the trial court, the trial should not be reversed unless through rejecting the qualified person, the necessity of accepting an objectionable juror has been created