Case law

Jacobs v. State

396 So. 2d 1113 · Supreme Court of Florida · Feb 26, 1981

First, Jacobs argues that it was reversible error for the trial judge to refuse to instruct the jury that intoxication may negate the specific intent required to establish the commission of the crime. … Also, the evidence clearly shows that defendant was capable of reflection at the time of the homicides and premeditation was thus proved.

State ex rel. Triay v. Burr

79 Fla. 290 · Supreme Court of Florida · Mar 19, 1920

filed a general creditor’s bill against the Jacksonville Traction Company in the United States Court for the Southern District of Florida, praying, among other things, for a receiver; that a receiver was appointed' and has qualified … to prescribe reasonable rates during the term of the contract, the existence of the power and the authority to make such a contract must clearly and unmistakably appear, and all doubts must be resolved in favor of the' State

The Florida Bar v. Kelly

813 So. 2d 85 · Supreme Court of Florida · Mar 7, 2002

The referee found this count frivolous because Halderman is immune from suit pursuant to this Court's opinion in Tobkin v. Jarboe, 710 So.2d 975 (Fla.1998). … On March 24, 1999, Kelly acknowledged in a letter to the Bar that he had been informed of the immunity issue and of the Tobkin decision.

Harris v. Bryan

89 So. 2d 601 · Supreme Court of Florida · Sep 19, 1956

Existing Justice Districts are hereby recognized, but the Legislature may, by special Act, from time to time change the boundaries of any such District now or hereafter established, and may establish new or abolish any such … This clearly was not done since the people of Duval County did not have the opportunity to vote on ‘stick changes’.

Williams v. State

156 Fla. 300 · Supreme Court of Florida · Jul 20, 1945

During this trip the officer decided he wished to see the body of the victim; so he took appellant with him to the undertaker's establishment, where both viewed the remains. … Inasmuch as the right defined and safeguarded in these portions of the Constitution is not a fundamental one or a privilege or immunity forbidden by the Federal Constitution, in the Fourteenth Amendment, to be abridged by

State ex rel. Attorney-General v. Johnson

30 Fla. 433 · Supreme Court of Florida · Jun 15, 1892

Perry, 24 Texas, 253 , where the Governor was given power of removal for certain enumerated canses, the decision was that no principle is more firmly established than that where a special and exclusive authority is delegated … The case at bar is controlled by these autliorities, ■which are clearly distinguishable from cases cited for respondent. People vs.

In Re: Amendments to the Florida Rules for Qualified and Court-Appointed Parenting Coordinators

Supreme Court of Florida · Jul 13, 2023

serve as a qualified parenting coordinator or to be on a qualified parenting coordination panel for any circuit. … coordinator has been qualified.

Mayo v. the Texas Company

137 Fla. 218 · Supreme Court of Florida · Apr 14, 1939

It cannot be said tha: the owners of gasoline have an inherent or natural right to sell or dispose of gasoline like other property and thereby be. immune from regulation. See Sheip Co. v. … or establishing the standards controlling the sale of gasoline has been abused.

Modder v. AMERICAN NAT. LIFE INS. CO.

22 Fla. L. Weekly Supp. 87 · Supreme Court of Florida · Feb 20, 1997

ANTEX argues that the NBA was formed for purposes other than providing insurance and comprises an association group under section 627.6515(2), thereby qualifying for exemption from attorney's fee liability under section 627.6698 … While the text of section 627.6698 is not selflimiting, its application is clearly limited by the terms of section 627.6515(2).

In re T.W.

14 Fla. L. Weekly 531 · Supreme Court of Florida · Oct 5, 1989

Consequently, I agree with the analysis contained in parts I and II of the majority opinion, which I read as adopting, for purposes of the Florida Constitution, the qualified right to have an abortion established in Roe v … Only when that decision clearly transgresses private rights should the courts interfere.

Jeffreys v. Coleman

20 Fla. 536 · Supreme Court of Florida · Jan 15, 1884

Without this, the plaintiff would be without remedy, however erroneous the judgment might be; and it is clearly the policy of the law that an appeal should not only be effective to correct an error, but also effective to … The American courts have strongly inclined.to repudiate the doctrine in all cases where an express or implied authority or conformation could be justly established, not under seal, whether it be verbal, or in writing, or

Gulley v. State

758 So. 2d 635 · Supreme Court of Florida · Mar 30, 2000

The record before us clearly shows that the trial court sentenced Gulley as a habitual violent felony offender, not a violent career criminal. … stalking" may be entitled to relief pursuant to Thompson ), the limited record now before us does not contain sufficient information to establish whether the trial court could have sentenced Gulley as a habitual violent

ADVISORY OPINION TO THE ATTORNEY GENERAL RE: VOTING RESTORATION AMENDMENT. Advisory Opinion to the Attorney General Re: Voting Restoration Amendment (FIS)

215 So. 3d 1202 · Supreme Court of Florida · Apr 20, 2017

Accordingly, we are obligated to uphold the proposal unless it is “clearly and conclusively defective.” … Advisory Op. to Att’y Gen. re Standards for Establishing Legis. Dist.

Advisory Opinion to the Attorney General Re: Citizenship Requirement to Vote in Florida Elections

Supreme Court of Florida · Jan 16, 2020

The ballot title and summary do not affirmatively state that the proposed amendment “ ‘creates’ or ‘establishes,’ ” Cty. of Volusia v. … shall be qualified to vote in a Florida Election.” That statement “in fact is true.” Advisory Op. to Att’y Gen. re Right to Treatment & Rehab., 818 So. 2d 491, 498 (Fla. 2002).

Hamrick v. Special Tax School District No. 1

130 Fla. 453 · Supreme Court of Florida · Jan 5, 1938

have the supervision of all the schools within the district; and for the levying and collection of a district school tax, for the exclusive use of public free schools *459 within the district, whenever a majority of the qualified … The .Legislature may provide for special tax school districts to issue bonds for. the exclusive use of public free schools within any such special tax school district, whenever a majority of the qualified electors thereof

The Florida Bar v. Grief

701 So. 2d 555 · Supreme Court of Florida · Nov 6, 1997

Most of the applications were false in that the applicants did not meet the continuous-residence and other requirements established by federal courts. … Grief knew that these applications contained false employment letters, leases, receipts, postmarked envelopes, and other documents making it appear that applicants were qualified to become legal aliens.

Shepherd v. State

46 So. 2d 880 · Supreme Court of Florida · May 16, 1950

It is the duty of the Commissioners personally to select, from the list of male persons who are qualified to serve as jurors and make out a list of not less than 250 nor more than 500 persons qualified to serve as jurors, … It is not clearly shown that the trial court committed reversible error in placing the defendants-appellants on trial within forty-five days after the commission of the alleged crime.

Boulis v. Florida Dept. of Transp.

24 Fla. L. Weekly Supp. 150 · Supreme Court of Florida · Apr 1, 1999

The district court also concluded that it was prohibited by Hoffman from establishing new law to allow the award of prejudgment interest, even where logic and fair play warranted it. … However, these cases were issued prior to this Court's decision in Higley South, in which we allowed for prejudgment interest on attorney's fees, which are clearly litigation costs.

Sochor v. State

883 So. 2d 766 · Supreme Court of Florida · Jul 8, 2004

The circuit court found that the State did not offer Gary immunity in exchange for his testimony. … Kelly Hancock, the prosecutor at Sochor's trial, testified that he never offered Gary immunity and that police officers do not have the power to grant witnesses immunity.

Florida Accountants Association v. Dandelake

98 So. 2d 323 · Supreme Court of Florida · May 31, 1957

If that right be stricken down or arbitrarily interfered with, there is a substantial impairment of liberty in the long-established constitutional sense." State ex rel. Fulton v. Ives, supra, 167 So. 394 . … Clearly, the constitutional question there presented was entirely different from that with which we are here concerned, although in holding that the plaintiffs "cannot complain because they are not given a status to which