Case law

FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC

33 Fla. L. Weekly Supp. 493 · Supreme Court of Florida · Jul 10, 2008

Instead, a party petitioning for a writ of mandamus must establish a clear legal right to the requested relief...."). … In those cases, the Court expressed no concern about the feasibility of seeking redress before the Legislature and abided by the long established principles that "[i]n Florida, sovereign immunity is the rule, rather than

Rupp v. Bryant

417 So. 2d 658 · Supreme Court of Florida · Jul 15, 1982

Although federal courts have generally afforded broad immunity to officials and employees in the past, there is some tendency to qualify this official immunity and limit it to discretionary functions. Compare Barr v. … Kelly, 557 F.2d 735 (10th Cir.1977) (immunity of officials qualified and applies only to discretionary acts) and Kelley v. Dunne, 344 F.2d 129 (1st Cir.1965) (officials not immune for unauthorized, malicious acts).

Eldred v. North Broward Hosp. Dist.

11 Fla. L. Weekly 601 · Supreme Court of Florida · Nov 26, 1986

Golden, 56 So.2d 911 (Fla. 1952), which held that a legislatively-created special taxing district for a hospital in Suwannee County was not entitled to sovereign immunity because its established activities "fall more clearly … In our view, the legislature clearly intended the provisions of section 768.28(2) to include special taxing districts within the phrase "independent establishments of the state."

Reddish v. Smith

10 Fla. L. Weekly 195 · Supreme Court of Florida · Apr 4, 1985

Indian River County, 371 So.2d 1010 (Fla. 1979), could clearly be answered in the affirmative. … A prison warden does not have the authority to go outside the established channels to aid a prisoner with whom he has established a personal relationship.

Metropolitan Dade County v. Reyes

21 Fla. L. Weekly Supp. 552 · Supreme Court of Florida · Dec 19, 1996

The plain language of section 768.28(6)(a) clearly indicates that each claimant must give the proper notice. … Even if it had indicated that status, moreover, there is no strict rule that all spouses of injured persons qualify for a loss of consortium award. Propst v. Neily, 467 So.2d 398, 399 (Fla. 4th DCA 1985); Albritton v.

Holley v. Adams

238 So. 2d 401 · Supreme Court of Florida · Jun 26, 1970

Stat., F.S.A., the Court may render a declaratory judgment, "Of any fact upon which the existence or nonexistence of such immunity, power, privilege or right does or may depend, whether such immunity, power, privilege or … These prohibitions were clearly expressed in the Constitution.

State Ex Rel. Sparks v. Reeves

97 So. 2d 18 · Supreme Court of Florida · Sep 18, 1957

consideration of this matter should be determined in the light of certain well-established principles which we herewith mention for the guidance of the parties and the trial Judge. … We are not immune or unsympathetic to the appealing position of the appellee-grandparents.

In Re: Amendments to Florida Rule of Criminal Procedure 3.190

Supreme Court of Florida · Oct 30, 2025

(3) The defendant is charged with an offense for which the defendant previously has been granted immunity. … Discovery depositions under Florida Rule of Criminal Procedure 3.220 do not qualify as depositions to perpetuate testimony. (6) Prohibited Use.

Taylor v. School Bd. of Brevard County

29 Fla. L. Weekly Supp. 421 · Supreme Court of Florida · Aug 19, 2004

Clearly, this unrelated works exception to the rule of general immunity applies only in the co-employees context, and application of the provision does not result in the loss of general immunity by an employer other than … The First District did not discuss that the unrelated works exception to workers' compensation immunity applies strictly to co-employees and does not impact a private employer's immunity established pursuant to the general

Dunbar v. State

37 Fla. L. Weekly Supp. 329 · Supreme Court of Florida · May 3, 2012

The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner. … Cotton, 769 So.2d 345, 349 (Fla.2000) ("[P]ursuant to that statute, trial judges have the discretion not to sentence a qualifying defendant as a habitual felony offender.’’).

FLA., BIRTH-RELATED NICA v. McKaughan

668 So. 2d 974 · Supreme Court of Florida · Feb 29, 1996

immunity is an affirmative defense to a traditional tort action. … On the other hand, if the claimant does not qualify for NICA benefits, compensation continues to remain available through a medical malpractice action.

Citizens Property Insurance Corp., etc. v. Perdido Sun Condominium Association, Inc., etc.

40 Fla. L. Weekly Supp. 265 · Supreme Court of Florida · May 14, 2015

Perdido Sun relied on the statutory exception to immunity for “any willful tort” in asserting that immunity did not apply. … As this Court has recognized, where the Legislature made one exception clearly, if it had “intended to establish other exceptions it would have done so clearly and unequivocally.” Dobbs v.

Aguilera v. Inservices, Inc.

905 So. 2d 84 · Supreme Court of Florida · Jun 16, 2005

At this time, the insurance carrier actually had within its possession medical documentation which both demonstrated the falsity of its position and clearly established the medical necessity for the care. … Here, Aguilera clearly alleged a pattern of intentional, outrageous and harmful conduct that would serve to establish the existence of an independent tort.

Ex parte Davidson

76 Fla. 272 · Supreme Court of Florida · Aug 13, 1918

Authority for municipal action should clearly appear. … immunity necessarily implied therefrom, and any power, privilege or immunity given cities under the general laws of Florida, by express provision or necessary implication, not in conflict with the provisions of this Act.”

Wallace v. Dean

34 Fla. L. Weekly Supp. 52 · Supreme Court of Florida · Jan 29, 2009

Overview As an initial point of departure, brief clarification is necessary concerning the differences between a lack of liability under established tort law and the presence of sovereign immunity. … Hutt, 670 So.2d 64 (Fla.1996), we reasoned: It is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care. See Slemp v.

Reeves v. Fleetwood Homes of Florida, Inc.

29 Fla. L. Weekly Supp. 783 · Supreme Court of Florida · Dec 16, 2004

We held that the answer to the certified question could be found in our opinion in Hastings: [ Hastings ] ... clearly provides that "[n]onfinal orders denying summary judgment on a claim of workers' compensation immunity … The adjudication section of the order is clearly a simple denial of the motion for summary judgment.

Department of Transp. v. Neilson

419 So. 2d 1071 · Supreme Court of Florida · Sep 14, 1982

Commercial Carrier, established that discretionary, judgmental, planning-level decisions were immune from suit, but that operational-level decisions were not so immune. … Clearly, this type of failure may serve as the basis for an action against the governmental entity.

Carlile v. GAME AND FRESH WATER FISH COM'N

354 So. 2d 362 · Supreme Court of Florida · Nov 30, 1977

We are guided in this effort by established rules of statutory construction. … That statute is clearly in derogation of the common law principle of sovereign immunity and must, therefore, be strictly construed: Statutes in derogation of the common law are to be construed strictly, however.

Pollock v. Florida Dept. of Highway Patrol

882 So. 2d 928 · Supreme Court of Florida · Jun 10, 2004

Moreover, "[i]t is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care." Union Park Memorial Chapel v. … FHP's duties enumerated under section 321.05 of the Florida Statutes are clearly category II functions.

City of Daytona Beach v. Palmer

10 Fla. L. Weekly 189 · Supreme Court of Florida · Apr 4, 1985

Governmental entities are clearly liable for this type of conduct as a result of the enactment of section 768.28, Florida Statutes (1983). … In Commercial Carrier, "discretionary," immune acts clearly embraced only those decisions concerning whether and to what extent government should act.