Case law

Attorney-General ex rel. Wilkins v. Connors

27 Fla. 329 · Supreme Court of Florida · Jan 15, 1891

With this contention of the respondent’s counsel we cannot agree ; and it seems to us that the plain meaning of the language used in the clause of the Constitution invoked clearly negatives this theory. … State,” it is provided that the qualified electors of the municipality, at the same time that they elected a mayor and city council, should also elect, a city clerk and marshal.

Brown v. State

13 Fla. L. Weekly 317 · Supreme Court of Florida · May 12, 1988

The record clearly shows that appellant's jury was composed of nine whites and three blacks. … Although in some cases family background and personal history may be given little weight, it is well-established that such evidence must be considered.

Nassau Power Corp. v. Deason

19 Fla. L. Weekly Supp. 389 · Supreme Court of Florida · Aug 11, 1994

That Act establishes a site certification process that requires the PSC to determine the need for any proposed power plants, including cogenerators, based on the criteria set forth in section 403.519, Florida Statutes (1989 … Because we cannot say that the Commission’s construction of section 403.519 is clearly unauthorized or erroneous, we affirm the order under review. 6 It is so ordered.

Williams v. Davis

974 So. 2d 1052 · Supreme Court of Florida · Nov 21, 2007

The present dispute is clearly distinguishable from Whitt because here no object attached to or discharged from the property entered upon or obstructed the public right-of-way in any manner. … Edwards, 158 Fla. 848 , 30 So.2d 374 (1947), this Court clearly established that when foliage located entirely on and within real property boundaries becomes a visual obstruction for vehicles operated upon a public roadway

Robertson v. State of Florida

94 Fla. 770 · Supreme Court of Florida · Oct 26, 1927

The appellate court held in effect that although the evidence was clearly incompetent if proper and timely objection were interposed thereto, the mere fact that the defendant excepted to the reading of the warrant and affidavit … There is considerable apparent diversity of opinion among the courts upon the proper procedure in cases of this nature in order to properly pro *779 teet the defendant’s constitutional immunities.

Cruger v. Love

599 So. 2d 111 · Supreme Court of Florida · Apr 23, 1992

Section 395.011(6) requires the governing body of every licensed hospital facility to establish standards and procedures to be applied in considering and acting upon applications for staff membership or professional clinical … We have previously held that "[t]he discovery privilege *114 ... was clearly designed to provide that degree of confidentiality necessary for the full, frank medical peer evaluation which the legislature sought to encourage

Webb v. Dunn

18 Fla. 721 · Supreme Court of Florida · Jan 15, 1882

An act to' establish the office of Harbor Master for the port of Pensacola, approved December 8,1866, (Ch. 1620,) provides for the appointment of a Harbor Master, and prescribes his duties. … The third section provides that “ said Harbor Master, under the rules and regulations to be established by the Board of Port Wardens for the port of Pensacola, shall have authority to regulate and station all vessels in the

Florida Bar re Advisory Opinion—Nonlawyer Preparation of Pension Plans

15 Fla. L. Weekly Supp. 617 · Supreme Court of Florida · Nov 29, 1990

Clearly, CPAs, actuaries, and insurance underwriters would be substantially affected were we to adopt the proposed opinion. … Several doctors eventually sought legal counsel after Turner misused funds in a trust he had established. The attorneys *436 filed an unlicensed practice of law complaint with The Florida Bar.

Roberts v. State of Florida

94 Fla. 149 · Supreme Court of Florida · Jul 11, 1927

The fact of the shooting was clearly established. The existence of a premeditated design was easily deducible from the evidence. The motive for the shooting does not appear. … If he did serve and could have qualified under the question the defendant could not be heard to complain and if the venireman could not have qualified under the question it would have constituted no ground for an objection

Hewitt v. State

43 Fla. 194 · Supreme Court of Florida · Jan 15, 1901

At common law a defendant had a right to be tried in the county . *198 in which the offence was alleged to have been committed, where he was surrounded by the influences of a good character if he had established one, and … The record clearly indicates that the trial court put the question of obtaining an impartial jury in Bradford county to actual test, and in such a case we do not conceive thát the provision of our constitution was intended

McLin v. State

827 So. 2d 948 · Supreme Court of Florida · Sep 12, 2002

I understand that I could be prosecuted for having made a false statement to the police, and that I have not been offered any immunity or leniency in any subsequent prosecution by the State. (Emphasis supplied.) … Washington, 466 U.S. 668 [, 104 S.Ct. 2052 , 80 L.Ed.2d 674 ] (1984) to establish the ineffectiveness of his trial counsel.

Massey v. David

979 So. 2d 931 · Supreme Court of Florida · Apr 3, 2008

Therefore, if the statute were limited to that sentence, it would clearly be substantive. The second sentence establishes the deadlines for filing the report. It imposes procedural requirements. … constitutes a thinly cloaked attempt to amend the process by tying that which is clearly a procedural report requirement to a long-established substantive right which was created in another statute.

In Re Grand Jury Investigation

287 So. 2d 43 · Supreme Court of Florida · Dec 5, 1973

Sullivan, 37 So.2d 907 (Fla. 1948), treating the immunity statute, wherein our Court decided that immunity could only be granted for those specifically enumerated proceedings. … Clearly, the most that can be said of Benemovsky vis-a-vis the instant case is that the two cases are somewhat analogous — but, just as clearly, they are not in constitutionally-requisite direct conflict.

City of Jacksonville v. Oldham

112 Fla. 502 · Supreme Court of Florida · Oct 28, 1933

“The Legislature shall have power to establish, and to abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, and to alter or amend the same, at any time.” Sec. 8, Art. … parts of laws in conflict herewith are to the extent of such conflict hereby repealed; and this Act shall take effect immediately upon its' passage and approval by the Governor and the approval by a majority vote of the qualified

Florida East Coast Railway Co. v. Lassiter

59 Fla. 246 · Supreme Court of Florida · Jan 15, 1910

In vieAv of the former decision in this cause and the finding of two juries the liability of the defendant railroad company should be regarded as established unless material errors of law Avere committed in submitting the … The witness here was a skilled witness and was qualified as such. See Atlantic Coast Line Ry. Co. v. Crosby, 53 Fla., 400 , text 439, 43 South.

University of Florida Board of Trustees v. Laurie Carmody

Supreme Court of Florida · Jul 6, 2023

The district courts should exercise this discretion only when there has been a violation of clearly established principle of law resulting in a miscarriage of justice. … [and] does not amount to a violation of a clearly established principle of law resulting in a miscarriage of justice.”

Zirin v. Charles Pfizer & Co.

128 So. 2d 594 · Supreme Court of Florida · Mar 29, 1961

The mandate is clearly jurisdictional in nature and is satisfied, we have said, upon the certification of the district court to this Court. … The rationale of the decisions of this and other appellate courts upholding statutes of this kind are clearly applicable to the conclusion we reach in this case. Cf. State ex rel. Cochran v.

Tompkins v. State

12 Fla. L. Weekly 44 · Supreme Court of Florida · Dec 30, 1986

Appellant next argues that death-qualified juries are unconstitutional. This argument has been rejected by this Court, Kennedy v. … However, even if we assume that the victims of the prior offenses were unavailable for appellant to confront, the officers' testimony was clearly harmless under the facts of this case.

Butterworth v. Caggiano

605 So. 2d 56 · Supreme Court of Florida · Jul 9, 1992

Article X, section 4, Florida Constitution, was simply not designed to immunize real property for use in a criminal enterprise. 521 So.2d at 138 . … The Florida homestead provision clearly contains no exception for criminal activity. Neither the legislature nor this Court has the power to create one. [5] See, e.g., Henderson v.

Fields v. State

257 So. 2d 241 · Supreme Court of Florida · Dec 8, 1971

Medical examination based upon vaginal smears of the victim, established the presence of live sperm. … The alleged prejudicial statements made during closing argument fail to contain those inflammatory or abusive qualities to qualify this case for reversible error. Collins v.