Case law

State v. Atkinson

831 So. 2d 172 · Supreme Court of Florida · Oct 24, 2002

First, California "clearly has a valid compelling interest in protecting its citizens from sexually violent predators and in identifying these individuals prior to their release from custody so that they may be subjected … His original guideline sentence was authorized by statute, but had to be recalculated when the 1995 sentencing guidelines were invalidated by this Court's conclusion that the Crime Control Act of 1995, which established the

Johnson v. State

660 So. 2d 648 · Supreme Court of Florida · Jul 13, 1995

As his third issue, Johnson contends that a deputy clerk qualified and swore in jurors, violating the jury-selection process. … As to this case, the record clearly establishes that the venire was randomly generated by computer, a conclusion Johnson has not rebutted.

Village of North Palm Beach v. Mason

167 So. 2d 721 · Supreme Court of Florida · Jun 17, 1964

It will also be noted that there is no comma or other punctuation mark after the word "corporation" or before the qualifying phrase itself. In State ex rel. Owens v. … If this asserted fact were clearly established we might be required to hold that such discrimination would be violative of the equal protection provision of the federal and state constitutions.

Blanco v. State

706 So. 2d 7 · Supreme Court of Florida · Sep 18, 1997

Clearly, no compelling reason has been advanced as to why this statute is now unconstitutional under the Florida Constitution. This Court has repeatedly upheld and applied it. Orme v. … Rather, if anything, it clearly enlarges the eligible class in an irrational way. The Tennessee Supreme Court in State v.

O'Berry v. State

47 Fla. 75 · Supreme Court of Florida · Jan 15, 1904

that many of the best citizens of *86 said county were particular friends of the prosecution and defense respectively and felt much interest in the case, all taken together and given their strongest import, fall short of establishing … Having found this error, which is clearly reversal-compelling, we might well decline to consider any of the other errors assigned.

Gafford v. State

387 So. 2d 333 · Supreme Court of Florida · Jun 12, 1980

Premeditation is established by the record which reflects the decision to kill Holloway was formed before the group reached the abandoned house, the appellant would not touch the knife until he put on gloves, and, upon call … Subsequent to the initial imposition of the death sentence in this case, one of the appellant's accomplices received immunity, one was found guilty of second-degree murder, and the other two were allowed to plead guilty to

Gulf Oil Company v. Bevis

322 So. 2d 30 · Supreme Court of Florida · Oct 17, 1975

Substantial evidence has been described as such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred. … Under allocation he cannot build sufficient gallonage to qualify for the 15% discount volume incentive hauling program."

State Ex Rel. Ball v. Robinson

146 Fla. 615 · Supreme Court of Florida · Apr 15, 1941

Upon the establishment of this special tax school district, a school building was built and equipped at an expense of approximately $30,000.00 and a public free elementary school was operated in the district, funds for the … The language of this section clearly indicates that an election is to be held when two districts are consolidated, and that any attempted consolidation shall not be effective until such election is held.

Henry v. State

948 So. 2d 609 · Supreme Court of Florida · Jan 25, 2007

We find that Henry has failed to establish either prong. … to appeal but, under Strickland , not immune to postconviction scrutiny of counsel's conduct.

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.

Higginbotham v. State

88 Fla. 26 · Supreme Court of Florida · May 31, 1924

At common law a defendant had a right to be tried in the county in which the offense was alleged to. have been' committed, where he was surrounded by the influences of a good character1 if he had established one, and where … The showing made does not clearly and affirmatively establish the impossibility of obtaining an impartial jury in the county to try the accused on this charge.

Dade County v. Brigham

47 So. 2d 602 · Supreme Court of Florida · Jul 25, 1950

To recite and approve a general rule in one case is not the equivalent of establishing it as an unyielding, inflexible guide in every case. … "The evidence presented before me established that the charges of the various experts were reasonable and within the range of those customarily charged and paid in this community for services of similarly qualified persons

Terry v. State

668 So. 2d 954 · Supreme Court of Florida · Jan 4, 1996

We analyzed the issue as follows: Schultz's reference to the fact that Czubak was an escaped convict was clearly inadmissible. … State, 647 So.2d 824 (Fla.1994), upon which the majority relies, are clearly different.

Mugge v. Warnell Lumber & Veneer Co.

58 Fla. 318 · Supreme Court of Florida · Jun 15, 1909

With this in view the language “all cases at law or in equity originating in the circuit courts” and “all civil cases arising in the county courts” as used in the sections of the *322 constitution above quoted, clearly mean … disqualified to hear and determine appellate proceedings in any such cause because of orders made therein by him while the cause was pending in the circuit court, the law provides for a hearing therein before some other qualified

STATE BY BUTTERWORTH v. Republican Party

604 So. 2d 477 · Supreme Court of Florida · Aug 27, 1992

All assessments are transferred to the Election Campaign Financing Trust Fund [1] to be made available to qualifying candidates for governor or cabinet offices who agree to abide by the expenditure limits set forth in the … Here, the legislature clearly intended to expand the use of the First Amendment by broadening public participation in the election process.

Daggett v. Willey

6 Fla. 482 · Supreme Court of Florida · Apr 15, 1855

Ibid. 189. “ In other casés where the party by his admissions has qualified his own right, and another claims to succeed him, he succeeds only to the right as thus qualified when his tile commenced, &c.” Ibid! … It conduces to establish the eastern line of the Taylor grant differently to where the plaintiff would locate it.

Leonard, Et Vir v. Wilson

150 Fla. 503 · Supreme Court of Florida · May 8, 1942

. — In acordance with the general principles already outlined, it appears to be clearly settled that a communication respecting the character of an employee or former employee is qualifiedly privileged if made in good faith … Thus, the rule has been held to be applicable to statements made, not only by executive agents of the employer, such as the director of a corporation, the general manager of a mercantile establishment, or the supervisor of

In Re Amendments to the Florida Rules for Certified & Court-Appointed Mediators

35 Fla. L. Weekly Supp. 191 · Supreme Court of Florida · Apr 1, 2010

certification process and the advertisement clearly identifies the entity issuing the certification. … Subdivision (d) provides that advertising or marketing materials will be deemed “misleading” if the mediator states or implies that prior adjudicative experience makes one a better or more-qualified mediator.

Woodward v. State

33 Fla. 508 · Supreme Court of Florida · Jan 15, 1894

The defendant introduced Scar- ■ lett and he testified without objection that after the 'members of the grand jury had been examined and ' found qualified to serve as grand jurors, but before ' taking the oath prescribed … It was competent and clearly material for the defendant to show, if he could, that the deceased struck him in the room just before the shooting, and such evidence would be proper on the question of premeditation, if for no

Special Disability Trust Fund v. TROPICANA, ETC.

358 So. 2d 1 · Supreme Court of Florida · Mar 2, 1978

The Legislature clearly did not intend for Chapter 120 to apply to rule-making workmen's compensation proceedings. The Supreme Court is immune to the APA. Section 120.50, Florida Statutes (1975). … To give the provisions of both laws the effect and weight they are due, I conclude that the APA does not apply to the unique, long-established, well-respected procedures *4 of the Industrial Relations Commission and Judges