Case law

Lawrence v. State

846 So. 2d 440 · Supreme Court of Florida · Mar 20, 2003

The trial court's sentencing order clearly states and applies the correct rule of law for establishing the CCP aggravator, and sets forth the extensive factual information supporting that aggravator. … Lawrence's counsel objected, stating that Hand was not qualified to answer the question.

Tropical Coach Line, Inc. v. Carter

121 So. 2d 779 · Supreme Court of Florida · Jun 22, 1960

They insist that to qualify as an intercity carrier it would be necessary that Wylly's serve the various cities as communities or political units as points of destination in and of themselves, rather than some business establishment … It is, therefore, clearly an intercity common carrier and is entitled to the privileges of such prescribed by the Legislature.

Duke v. State

541 So. 2d 1170 · Supreme Court of Florida · Apr 20, 1989

In Goodson, the district court rejected the proposition that a child charged by indictment was not "transferred" for purposes of qualifying for sentencing as a youthful offender under section 958.04(1)(a), Florida Statutes … Section 39.02(5)(c)3., Florida Statutes (1981), removes the anomaly referred to in Goodson by establishing consistency with the stipulation in section 958.04, Florida Statutes (1985), that no person may be sentenced as a

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.

Palm Beach Newspapers, Inc. v. Burk

12 Fla. L. Weekly 103 · Supreme Court of Florida · Feb 19, 1987

This was so, the Court reasoned, because public access to pretrial proceedings may pose a hazard to the fairness of the trial and, under the sixth amendment, public trials were clearly associated with the protection of the … Having established a proper frame of reference, we now focus on the press's right of access to discovery depositions.

Panama City Beach Community Redevelopment Agency v. State

27 Fla. L. Weekly Supp. 883 · Supreme Court of Florida · Oct 17, 2002

In March 2001, the City held public hearings and established a redevelopment trust fund for the redevelopment area through enactment of Ordinance Number 717. … The trial court's conclusion that undeveloped land can never qualify as blighted under chapter 163 is erroneous, because section 163.360(8) clearly provides for the acquisition and redevelopment of "open land."

Graham v. City of West Tampa

71 Fla. 605 · Supreme Court of Florida · May 18, 1916

following: “Said corporation is hereby granted all the powers given to municipal corporations under the general laws of the State and in addition thereto the following special powers, which shall not be construed as limited or qualified … Where the essential requirements of law are observed in making valuations of property for assessment, and the valuations as made are shown by admissions or proofs to be clearly excessive, unjust and unequal, appropriate relief

Galatis v. Plasman

80 So. 2d 918 · Supreme Court of Florida · Feb 16, 1954

Galatis qualified as administrator of the estate of his mother, Julia Galatis. We reach this conclusion because it was the duty of T. J. … The chancellor correctly decided that the estate of Julia Galatis is entitled to receive such undrawn salaries because it was clearly established that she was entitled to such amount as undrawn salaries, and in a case such

Wells v. State

402 So. 2d 402 · Supreme Court of Florida · Jul 30, 1981

Her conduct was clearly illegal and proscribed by section 944.47 in understandable terms, and she has made no assertion that the statute inhibits activities protected by the first amendment. … The legislature mandated that the "officer in charge of such institution" is the person qualified to designate the "regular channels" of entry to the prison.

Alvin v. State

14 Fla. L. Weekly 457 · Supreme Court of Florida · Sep 14, 1989

The tape was introduced by the state to rebut the inference that Remy had fabricated his story because the state granted him immunity in exchange for his testimony. … Moreover, regardless of the motive for the killing, the evidence clearly supports the conclusion that Alvin committed premeditated first-degree murder.

Clark v. Western Knapp Engineering Company

190 So. 2d 334 · Supreme Court of Florida · Sep 28, 1966

It has been clearly established however in Montgomery Ward & Co. v. Hayes, Fla., 172 So.2d 581 that these two factors do not necessarily indicate a loss of wage-earning capacity. In the case of Trieste v. … Here, as there: "there was a dearth of evidence `by any witness qualified to evaluate claimant's employment potential.'"

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.

Lignoski v. Bruce

8 Fla. 269 · Supreme Court of Florida · Jul 1, 1859

He is tbe statutory, trustee of the property, with qualified powers, holding it for the wife as the beneficiary. … This being established, it follows of course that as the title to the property is secured to her by tbe statute, and totally absolved from his marital rights, she must he joined as a co-plaintiff with him in all actions which

Kraemer v. State

60 So. 2d 615 · Supreme Court of Florida · Aug 26, 1952

Indeed it is both desirable and necessary that those who violate the laws, which are ordained and established for the protection of an ordered society, be punished. … Law enforcement officers should be selected with great care and we should see to it that they are trained and become thoroughly qualified as such.

Markert v. Johnston

367 So. 2d 1003 · Supreme Court of Florida · Dec 21, 1978

It provides rather clearly that the joinder of insurers is merely a procedural step in the conduct of a motor vehicle tort lawsuit. [10] Subsection 627.7262(1) prohibits the joinder of insurers at the commencement of suit … The mention of insurers, as distinct from their joinder, has been treated as a procedural subject immune from legislative alteration. See Carter v. Sparkman, 335 So.2d 802 (Fla. 1976).

Clines v. State

912 So. 2d 550 · Supreme Court of Florida · Jul 7, 2005

That statute, section 775.084, Florida Statutes (2002), establishes four categories of recidivists whose sentences may be enhanced. … We traditionally have sought to avoid a redundant interpretation unless the statute clearly demands it. See Fla. Dep't of Revenue v. Fla. Mun.

State v. Belvin

986 So. 2d 516 · Supreme Court of Florida · May 1, 2008

Thus the Fourth District did not err in concluding that the circuit court violated a clearly established principle of law by deciding the case contrary to the holding in Crawford . … Contrary to the State's assertions, for purposes of certiorari review a clearly established law can derive from recent controlling constitutional law. See Allstate Ins. Co. v.

Board of Public Instruction v. State

75 So. 2d 832 · Supreme Court of Florida · Nov 16, 1954

Since a majority of the qualified freeholder electors went to the polls and voted and no qualified elector freeholder is here complaining, and other requirements of the law are shown to have been met, we think said bond election … These are not civil rights or immunities."

State v. Hunter

586 So. 2d 319 · Supreme Court of Florida · Aug 29, 1991

Therefore, we answer the certified questions in the negative as qualified and explained below. … Due process of law guarantees respect for personal immunities "so rooted in the traditions and conscience of our people as to be ranked as fundamental."

Porter v. State

653 So. 2d 374 · Supreme Court of Florida · Mar 28, 1995

In fact, Porter has raised the issue of judicial bias on several prior occasions. [2] The record *378 clearly demonstrates that on November 30, 1978, the trial judge entered a judgment and sentence stating that Porter was … Again, this type of evidence, which is open to public inspection, does not qualify as newly discovered evidence for purposes of this 3.850 motion.