Case law

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.

Stevens v. Duke

42 So. 2d 361 · Supreme Court of Florida · Oct 11, 1949

This case, therefore, cannot be said to support either the appellants' or appellees' contention, for it is clearly not in point. Airline Motor Coaches v. Howell, Tex. … It is a general rule supported by the great weight of authority that a judgment of conviction in a criminal prosecution cannot be given in evidence in a civil action to establish the truth of the facts on which it was rendered

State ex rel. Clarkson v. Philips

70 Fla. 340 · Supreme Court of Florida · Nov 18, 1915

It is the duty of the courts to enforce valid provisions of a statute; but a statute that is clearly in conflict with organic law should not be enforced. … Rep. 154 , the decision was controlled by a constitutional provision that the Legislature “shall not grant to any citizen or class of citizens privileges or immunities which on the * same terms, shall not equally belong to

D.H. v. Adept Community Services, Inc.

271 So. 3d 870 · Supreme Court of Florida · Nov 1, 2018

Although the Twins' attorney missed the mark in the Second District by arguing that the Twins' guardian ad litem did not know of the factual basis for the negligence claim, the Second District clearly ruled on the specific … In fact, appointed guardians ad litem are statutorily immune from suit. See id. § 39.822(1).

PRESBYTERIAN HOMES, SYNOD OF FLORIDA, INC. v. City of Bradenton

190 So. 2d 771 · Supreme Court of Florida · Oct 5, 1966

Here the stipulation clearly established that the Presbyterian Homes of the Synod, a non-profit corporation, is the alter ego of the Presbyterian Church and is entitled to all of the exemptions which would be allowed if the … The record presented to us in that case did not clearly establish the nexus between the Church and the home as does the record before us.

Davis v. State

54 Fla. 34 · Supreme Court of Florida · Jun 15, 1907

This position is untenable, as the ownership of the building is sufficiently alleged in the indictment, as a reading of the former opinion rendered in the case will clearly show. … not bound to establish this defense beyond a reasonable doubt.

Nettles v. State

850 So. 2d 487 · Supreme Court of Florida · Jun 26, 2003

[Nettles] does not dispute that he qualifies as a prison releasee reoffender. … Clearly, we have determined that the sentence provided by the PRRPA is not a mandatory sentence which must be imposed upon an eligible defendant.

City of Miami Beach v. Crandon

160 Fla. 439 · Supreme Court of Florida · May 7, 1948

If a majority of the qualified electors as herein provided shall have voted in favor of submitting said Joint Resolution No. 407 to the electors of the State of Florida at the General Election to be held in November, 1948 … specifically prohibited by the terms of section 20 of Article III; the only restriction upon the power to pass special or local laws being “that no local or special bill shall be passed, nor shall any local or special law establishing

Brackin v. Boles

452 So. 2d 540 · Supreme Court of Florida · Jun 14, 1984

We clearly and emphatically hold that the purpose of the statute is to clothe with statutory immunity only such statements and communications as the driver, owner, or occupant of a vehicle is compelled to make in order to … The district court noted that deJesus established three categories of *545 statutory violations.

Williams v. Newton

236 So. 2d 98 · Supreme Court of Florida · May 20, 1970

Section 120.20 clearly enunciates the legislative intent relative to Part II, Administrative Adjudication Procedure: "It is the intent of the legislature to establish minimum requirements for the adjudication of any party's … legal rights, duties, privileges or immunities by state agencies.

Smith v. State

36 Fla. L. Weekly Supp. 99 · Supreme Court of Florida · Mar 17, 2011

However, the “trial court may exercise its discretion to do so if it clearly understands the nature of the objection.” Id. Relying on this Court’s opinion in Franqui v. … This case is distinctly different from the situation in Franqui , where the record established, that the venireperson at issue (Aurelio Diaz) was born and raised in Cuba and the trial court clearly understood the basis of

City of Tallahassee v. Pub. Emp. Rel. Com.

410 So. 2d 487 · Supreme Court of Florida · Dec 3, 1981

Rather, it very clearly provides that public employees may collectively bargain on the same matters as may private employees. … The public employer can agree to pension requests if those requests are within certain established bounds.

Merrell v. City of St. Petersburg

91 Fla. 858 · Supreme Court of Florida · May 4, 1926

Chapter 6772, Acts of 1913, Laws of Florida, established the City of St. Petersburg under a commission form of government. … Petersburg, there shall be a new registration of qualified electors as provided by ordinance."

Anderson v. State

133 Fla. 63 · Supreme Court of Florida · Jul 6, 1938

Such ruling is subject to appellate review, but it will not be disturbed unless it clearly appears to be erroneous. … It is also settled law here that where an instruction, as far as it goes, states a correct proposition of law, but is defective because it fails to qualify or explain the proposition it lays down in consonance with the facts

State Ex Rel. Elston Bank & Trust Co. v. Tedder

118 Fla. 329 · Supreme Court of Florida · Jan 29, 1935

The grounds of the motion developed more clearly the apparent thought which was in the Judge’s mind when he made the order of disqualification. … Now the rule is well established in this State that mandamus and not appeal is the remedy which should be resorted to by a party who desires to proceed before a Judge whom he deems qualified to act, but who refuses to act

Florida House of Representatives v. Crist

33 Fla. L. Weekly Supp. 437 · Supreme Court of Florida · Jul 3, 2008

We hold that the Governor does not have the constitutional authority to bind the State to a gaming compact that clearly departs from the State’s public policy by legalizing types of gaming that are illegal everywhere else … A state may avoid its duty, as Florida has effectively done, by asserting its immunity. Seminole Tribe, 517 U.S. at 47 , 116 S.Ct. 1114 .

County of Volusia, etc. v. Kenneth J. Detzner, etc.

253 So. 3d 507 · Supreme Court of Florida · Sep 7, 2018

Advisory Op. to Att’y Gen. re Standards for Establishing Legislative Dist. … We exercise “extreme care, caution, and restraint” before striking a proposed amendment from the ballot, holding a proposal invalid only if the record proves the amendment to be “clearly and conclusively defective.”

Gamble v. Gamble Holding Corp.

120 Fla. 340 · Supreme Court of Florida · Jul 1, 1935

The question for us to determine in the cause is whether the appellant has made error in such finding clearly to appear. … They were transferred to him in order to qualify him to hold an office in the corporation that it might avail itself of his services.

Tappy v. State ex rel. Ervin

82 So. 2d 161 · Supreme Court of Florida · Jul 8, 1955

The fact that, as affirmatively reflected by the record in this cause, the bond executed by Tappy met every possible lawful requirement clearly serves to distinguish the present case from those in which the terms of the proffered … By the established rule of the decided cases, the refusal on the part of such qualifying officers to act in the premises was placed upon a ground that was wholly untenable.

Whitaker v. Morrison

1 Fla. 25 · Supreme Court of Florida · Jan 15, 1846

The law in relation to this matter seems clearly laid down. … In this case at least, the waiver should have been established, in clear evidence, and not upon suppositions arising from .the act of third persons, or the peculiar and adventitious situation of parties.