Case law

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

Jones v. State

362 So. 2d 1334 · Supreme Court of Florida · Jun 30, 1978

In deciding whether or not to order an examination, the trial judge must consider all the circumstances, including the representations of counsel, and unless clearly convinced that an examination is unnecessary, order an … When in any criminal case it shall be the intention of the defendant to rely upon the defense of insanity, no evidence offered by the defendant for the purpose of establishing such insanity shall be admitted in such case

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

State Ex Rel. Arthur Kudner, Inc. v. Lee

150 Fla. 35 · Supreme Court of Florida · Feb 13, 1942

The citrus growers by petition may recommend to the Governor for his consideration and appointment qualified persons to serve on the Commission. … interest of the industry would be promoted by utilizing space in newspapers, magazines, trade papers, billboards, card space, or by purchasing time for radio broadcasts, and other media, then such ac *47 tivities would be clearly

In Re Florida Board of Bar Examiners

290 So. 2d 9 · Supreme Court of Florida · Jan 30, 1974

The salient facts establish that in 1950, the petitioner first decided to definitely attend law school. … in the law, and thereby qualify for admission to the Florida Bar.

Zell v. Meek

665 So. 2d 1048 · Supreme Court of Florida · Oct 5, 1995

We have listed several relationships which may qualify. These, however, are not exclusive; other relationships may qualify. Each one will be closely scrutinized on a case-by-case basis. … treatment or the prescribing of drugs with toxic or adverse side effects would so qualify").

McClain v. Atwater

38 Fla. L. Weekly Supp. 169 · Supreme Court of Florida · Mar 21, 2013

In death penalty cases, the consequences of underfunding the defense are clearly significant. … review such fee structures to ensure that the statutory fee limitations are realistic and permit attorneys to hire qualified investigators who can perform a comprehensive investigation.

In re Supreme Court Special Committee for Lawyer Disciplinary Procedures to Amend Integration Rule, Article II & Article XI

373 So. 2d 1 · Supreme Court of Florida · May 24, 1979

Subsections (a) and (b) give absolute immunity to the complainants and to the disciplinary agents. … (iii) An institution shall cease to be eligible for the receipt of trust savings funds at such time as it fails to qualify under paragraphs (i) or (ii).

MacKenzie v. Super Kids Bargain Store, Inc.

565 So. 2d 1332 · Supreme Court of Florida · Jul 19, 1990

In Florida, as in Nevada, "leading members of the state bar play important and active roles in guiding the public's selection of qualified jurists. … These caps establish reasonable limits which are not so high as to create a fear of undue influence.

Bassett v. State

449 So. 2d 803 · Supreme Court of Florida · Mar 8, 1984

Appellant next contends that his confession was inadmissible because the state failed to establish corpus delicti. We recently reviewed the necessary elements to establish corpus delicti in Stone v. … The record clearly supports this conclusion. During the sentencing phase of the appellant's trial, the defense counsel called the prosecutor as a witness to establish the codefendant's plea bargain for a life sentence.

Downs v. Moore

801 So. 2d 906 · Supreme Court of Florida · Sep 26, 2001

The instruction stated: Among the mitigating circumstances you may consider if established by the evidence are: *913 . . . . 4. … Clearly, the statutory scheme is expanding, rather than narrowing, the class of murders subject to the death penalty.

State v. Lucas

600 So. 2d 1093 · Supreme Court of Florida · Apr 16, 1992

As used in this statute, the word "pattern" clearly requires more than accidental or unrelated instances of proscribed behavior. … Thus, the threat of continued criminal activity has clearly been shown under the second prong of the H.J. Inc. analysis.

Gordon v. State

104 So. 2d 524 · Supreme Court of Florida · Jul 25, 1958

The statutory immunity granted to a witness who is required to testify with reference to certain specified crimes will not immunize him against a subsequent prosecution for perjury in the event that he testifies falsely. … Our responsibility as an appellate court is to apply the law as the Legislature has so clearly announced it.

The Florida Bar v. Malik Leigh

Supreme Court of Florida · Mar 13, 2025

Riviera Beach also filed a motion to dismiss the class action complaint, arguing that it was immune from suit under sovereign immunity. … Leigh made numerous assertions that the trial judge engaged in repeated acts of racial bias, but he failed to establish that he had an objectively reasonable factual basis for making the statements.

Miami Water Works Local No. 654 v. City of Miami

157 Fla. 445 · Supreme Court of Florida · May 24, 1946

members because of membership in the Union; and finally, that an order be entered requiring *448 the City of Miami, through its governmental officials,' to accord to the Union and its members the rights, privileges and immunities … implication it must appear that the statute. later in point of time was intended as a revision of the subject matter of the former, or that there is such a positive and irreconcilable repugnancy between the law as to indicate clearly

Revels v. State

64 Fla. 432 · Supreme Court of Florida · Jun 15, 1912

He was then asked the question copied above, which was objected to by the defendant on the ground that “the witness has not qualified as an expert.” … This is clearly hearsay testimony, in the nature of a self-serving declaration and was, therefore, properly excluded.

Cone Bros. Contracting Co. v. Massey

145 Fla. 56 · Supreme Court of Florida · Nov 12, 1940

The record discloses the testimony of several well qualified, learned and conscientious physicians. … “It follows that the burden in cases appealed to this Court is upon the appellant to show clearly that the circuit court has arrived at an erroneous or unwarranted conclusion.”

Morrison v. Braddock

100 Fla. 1152 · Supreme Court of Florida · Nov 6, 1930

It is further alleged that the land described was not, at the time of complainant’s application therefor, “located and embraced within any legally organized and established Drainage District,” and that the proviso contained … To restrict its operations to property outside existing drainage district was clearly within legislative power.

The Florida Bar v. Malik Leigh

Supreme Court of Florida · Mar 20, 2025

Riviera Beach also filed a motion to dismiss the class action complaint, arguing that it was immune from suit under sovereign immunity. … Leigh made numerous assertions that the trial judge engaged in repeated acts of racial bias, but he failed to establish that he had an objectively reasonable factual basis for making the statements.

Jones, Varnum & Co. v. Townsend's Administratrix

21 Fla. 431 · Supreme Court of Florida · Jan 15, 1885

It was clearly the purpose of the statute to punish, as well an ■omission to perform the active duty imposed, as the commission of that which is forbid. … The press does not possess any *451 immunities or privileges as to publishing-libels which are not shared by every individual. 9 Minn., 188 .