Case law

In Re the Florida Bar

301 So. 2d 448 · Supreme Court of Florida · Sep 18, 1974

There was testimony that Timson's reputation for legal ability was "good," that he was "very *450 aggressive" and "qualified" to practice law. … Timson's general professional reputation for legal ability with the Bench and the Bar was not clearly shown to be good.

Tillman v. State

609 So. 2d 1295 · Supreme Court of Florida · Nov 19, 1992

The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses; ... . … State, 601 So.2d 1190 (Fla. 1992), is distinguishable because such a long-standing pattern of violent crime clearly had been established there.

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.

Whitten v. State

86 Fla. 111 · Supreme Court of Florida · Jul 7, 1923

He may then have some one else interview the prisoner, who upon inquiry, acting from fear or the hope of immunity, repeats the statements made to the officer. … Fourth: I think the testimony clearly establishes that the prisoner was a moren — a mental deficient, whose mentality was that of a ten year old child, — or rather, he was not as intelligent as the average ten year old child

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

Jordan v. State

694 So. 2d 708 · Supreme Court of Florida · Apr 17, 1997

I overrule and qualify her as [an] expert. Brown's area of expertise was never clearly defined by the trial judge. Her education was not definitively focused in the areas to which she testified. … It was clearly an error for the trial judge to *717 qualify her as an expert. We find that the error cannot be considered harmless in this case. Jordan was labeled a "sociopath without conscience" in front of the jury.

League of Women Voters v. Florida House of Representatives

132 So. 3d 135 · Supreme Court of Florida · Dec 13, 2013

This case does not involve legislative immunity, nor does it involve the liability of any individual legislator. … is derived from the principles underlying legislative immunity.

Clark v. State

443 So. 2d 973 · Supreme Court of Florida · Dec 22, 1983

Clark argues here, as at trial, that Casey was not qualified to speculate on the reasons an individual's handwriting might vary from one time to another. … The trial court's determination that Casey was qualified by experience and training to make such an assessment is fully supported by the record.

BIRTH-RELATED INJ. COMP. v. Div. of Admin.

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

These dual canons require the Legislature to clearly articulate its intent to limit access to the courts or abrogate common law *723 rights. … As established law provides, an ALJ must have jurisdiction to determine whether the ALJ has jurisdiction.")

Fields v. Askew

279 So. 2d 822 · Supreme Court of Florida · Jun 20, 1973

Constitution by establishing the loyalty oath as a pre-condition to the use of the electoral process. Fla. … Constitutions, is wholly valid under the First and Fourteenth Amendments." [4] "The first half of the oath, requiring an employee to indicate a willingness to `uphold and defend' the State and Federal Constitutions, is clearly

Story v. State

53 So. 2d 920 · Supreme Court of Florida · Jul 31, 1951

Had the question followed the language of the statute and thus have been material, it would not necessarily ensue that a false answer thereto, although possibly *923 contemptuous, would ipso facto establish a disqualification … We do not find that reversible error has been made clearly apparent and the evidence does not reveal that the ends of justice require a new trial to be awarded. Sub-paragraph 2, Section 924.32 Florida Statutes, 1941.

Crane v. Hayes

253 So. 2d 435 · Supreme Court of Florida · Sep 29, 1971

We have expressly held that: "It appears to be established that witnesses and suitors in attendance in court outside of the territorial jurisdiction of their residence are immune from service of process while attending court … He was clearly immune from service of process in what was in effect a new proceeding as to new and changed circumstances alleged to exist as a basis for a change in custody.

State v. Hawthorne

573 So. 2d 330 · Supreme Court of Florida · Jan 3, 1991

Hawthorne appealed the amount of restitution on the basis that the state failed to properly establish the value of the automobile at the time of the theft. … section 775.089 does not prescribe a method for computing the amount of restitution but rather leaves this matter to the discretion of the court, the Dickens court held that "[f]air market value at the time of the offense is clearly

Flash, Lewis & Co. v. Conn

16 Fla. 428 · Supreme Court of Florida · Jan 15, 1878

The company is invested with a qualified corporate capacity, but no immunity or exemption from personal liability for the debts of the company. … The defendant’s liability as a stockholder, under the articles of association, clearly rests in contract and not in tort, or dependent upon the conduct of the officers or agents of the company, but only upon the non-payment

State v. North

159 Fla. 351 · Supreme Court of Florida · Jul 22, 1947

herein given to the executors and trustees herein shall pass, belong to and be exercised by their successors and successor and by any substituted trustees or trustee and by such one or more of them as may at any time qualify … The issues were clearly defined by appropriate pleadings of the parties, when testimony was taken by deposition and *358 before the Chancellor.

State Ex Rel. Charlotte County v. Alford

107 So. 2d 27 · Supreme Court of Florida · Nov 26, 1958

His message observed that the act "clearly [is] an attempt to deal with and control the state game fund and is in violation of the Constitution." … State Turnpike Authority, Fla., 106 So.2d 421 , for a discussion of the analogous proposition of immunity from suit of state agencies. [10] Ch. 30275, Laws of Florida, Acts of 1955. [11] Art III, Sec. 20, Florida Constitution

Gooding v. Brown

22 Fla. 437 · Supreme Court of Florida · Jun 15, 1886

required by the constitution and laws of this State, and by this act, (the word section is improperly substituted for the word act in McClellan’s Digest, sec. 13, p. 248,) and section 9 gives power to the town council to establish … Indirectly in form, yet clearly in fact, the requirement of the act of 1869 would, under the provisions of the act of 1877, be, that to vote at the election to be held in Orlando the relator must have been a citizen of Orange

Lewis v. State

398 So. 2d 432 · Supreme Court of Florida · Apr 2, 1981

Originally indicted for first-degree murder, Carter was granted immunity from prosecution for his participation in the crime and identified appellant as one of the murderers. … Although the evidence showed that appellant acted with total disregard for the safety of these two bystanders, this is not enough to establish this aggravating circumstance. Williams v.

Roger Dennis Churchill, Jr. v. State of Florida

42 Fla. L. Weekly Supp. 451 · Supreme Court of Florida · Apr 13, 2017

He did not challenge the trial court’s ruling that the law enforcement officer was qualified to testify about the identification of the methamphetamine. Id. … Because the parties in this case clearly stipulated that the trial court’s ruling on Churchill’s motion in limine was dispositive of the case, the Fifth District was bound to accept that stipulation and consider the merits

Lightbourne v. McCollum

969 So. 2d 326 · Supreme Court of Florida · Nov 1, 2007

The Commission did make a number of other specific recommendations, including that DOC: develop written procedures to clearly establish the chain of command and include that the warden has the final decision-making authority … The evidence clearly established that this dose is lethal and once unconsciousness is reached, the inmate will slip only deeper into unconsciousness until death results.