Case law

Moody v. State

418 So. 2d 989 · Supreme Court of Florida · Jul 15, 1982

We also reject Moody's contention that he was denied due process of the law by the prosecutor's failure to give Bassett immunity. … State, 253 So.2d 465 (Fla. 1st DCA 1971), which decision is relied upon by Moody to establish reversible error in the present case.

Travelers Indem. Co. v. Suazo

18 Fla. L. Weekly Supp. 9 · Supreme Court of Florida · Dec 24, 1992

Travelers' policy clearly provides coverage of only $10,000 per person. … First, we do not believe the Florida Highway Patrol would establish a minimum insurance limit per occurrence without also establishing a minimum limit per person.

Mills v. State

786 So. 2d 547 · Supreme Court of Florida · Apr 25, 2001

State, 322 So.2d 908 (Fla.1975), was arbitrarily applied in this case as established by Keen v. State, 775 So.2d 263 (Fla.2000). … In Sims , we stated: The language of section 119.19 and of rule 3.852 clearly provides for the production of public records after the governor has signed a death warrant.

Allstate Indem. Co. v. Ruiz

30 Fla. L. Weekly Supp. 219 · Supreme Court of Florida · Apr 7, 2005

Kujawa held that in spite of the shift in focus of the `bad faith' statute, the creation of the statutory remedy for insurer misconduct in adjusting a first-party claim did not strip the insurer of its right to work product immunity … Again, I am only dealing with material which is covered by work-product immunity from discovery.

Crowder v. Philips

146 Fla. 428 · Supreme Court of Florida · Jan 10, 1941

character are controlled by Section 6, Article IX of the Constitution, which in substance provides that all counties, districts, and municipalities may issue bonds only on the approval of the majority of the freeholders who are qualified … This section is clearly violative of Section 6, Article IX, •of the Constitution in that it authorizes the district to issue notes which are the equivalent of bonds without an approving vote of the freeholders.

GTC, INC. v. Edgar

967 So. 2d 781 · Supreme Court of Florida · Sep 6, 2007

He qualified that testimony by stating that based on possible changes in cost per loop GTC might only receive $121,317. Mr. Ellmer further testified that GTC had received USF reimbursements since at least 1986. … The record further established that GTC will begin receiving USF funds based on its 2005 costs, including storm costs, in January 2007.

Cotten v. County Commissioners

6 Fla. 610 · Supreme Court of Florida · Jan 15, 1856

It would clearly be changing the essential character of our political institutions by converting a representative government into a pure democracy. … The act ot Congress of the 9th July, 1846, submitted the question of a retrocession to a vote of the qualified electors of that county.

Avatar Development Corp. v. State

723 So. 2d 199 · Supreme Court of Florida · Oct 22, 1998

On the other hand, DEP is peculiarly qualified and suited to handle this charge. … Moreover, section 403.161 also clearly puts the public on notice as to which acts will result in criminal punishment.

Physicians Healthcare Plans, Inc. v. Pfeifler

846 So. 2d 1129 · Supreme Court of Florida · May 1, 2003

The petitioners also contend that the senior judge docket is a de facto complex case division which cannot be established by administrative order, but must be established through a local rule which is approved by this Court … Indeed, the only justification offered is the mantra of judicial efficiency, which, however noble, cannot create its own constitutional foundation that so clearly violates constitutional strictures.

Ensor v. State

403 So. 2d 349 · Supreme Court of Florida · Jun 4, 1981

To eliminate this confusion, we believe it appropriate to distinguish the true "plain view doctrine" as established in Coolidge v. … We find that this weapon could qualify as hidden from the ordinary sight of the average person.

Miami Laundry Co. v. Florida Dry Cleaning & Laundry Board

134 Fla. 1 · Supreme Court of Florida · Jul 27, 1938

Different prices may be reasonably fixed for dif *8 ferent trade areas as the same may be established by the Board.” … Constitutional guaranties have never been thought to be immune from regulation or limitation in the interest of the common good. When limited, the process has been evolutionary rather than spontaneous.

Anderson v. Board of Public Instruction

102 Fla. 695 · Supreme Court of Florida · Aug 3, 1931

That the electors qualified at the time of the taking effect of this Act shall be qualified electors in each of said Special Tax School Districts who shall be entitled to vote and said election shall be held in substantial … But even though a Bill is introduced and treated by the Legislature as a general law, if the Bill in truth and in fact is clearly operative as a local or Special Act and the *701 Court can so determine from its obvious purpose

Kasischke v. State

991 So. 2d 803 · Supreme Court of Florida · Jul 10, 2008

Id.; [15] see Owens, 156 So.2d at 6 ("[T]he established rules of grammatical construction [dictate] that, following an enumeration in series, a qualifying phrase will be read as limited to the last of the series when it follows … The facial ambiguity of this statute is clearly reconcilable.

Farina v. State

680 So. 2d 392 · Supreme Court of Florida · Apr 18, 1996

The trial judge found that the aggravating factors clearly outweighed any mitigating factors. Van Ness and the other three victims all worked at Taco Bell. … The Davis Court established a per se rule that requires the vacation of a death sentence when a juror who is qualified to serve is nonetheless excused for cause.

Hawkins v. Ford Motor Co.

748 So. 2d 993 · Supreme Court of Florida · Oct 14, 1999

proposed transferee would be qualified. … The Legislature clearly has established that the transfer of any equity interest in a motor vehicle dealership, in whole or in part, is governed by section 320.643(2), not section 320.643(1).

State v. Norstrom

613 So. 2d 437 · Supreme Court of Florida · Jan 14, 1993

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 record establishes that Norstrom expressly waived his right to remain silent.

Floyd v. State

34 Fla. L. Weekly Supp. 359 · Supreme Court of Florida · Jun 4, 2009

Each child answered the questions clearly and consistently. … We further conclude that Floyd has failed to establish that he was prejudiced by a failure to object. The two child witnesses were sufficiently examined and properly qualified by the court.

Glendening v. State

536 So. 2d 212 · Supreme Court of Florida · Dec 1, 1988

The statute clearly provides that videotaped testimony is the equivalent of testimony in open court. … A qualified expert may express an opinion as to whether a child has been the victim of sexual abuse.

The Florida Bar v. Beach

22 Fla. L. Weekly Supp. 490 · Supreme Court of Florida · Jul 17, 1997

AFBG also offered members other benefits, including non-qualifying mortgages, car rentals, a long distance telephone program, a travel program, and a discount catalog sales program. … Beach was clearly notified through the Bar's complaint that he was charged with violating rules 3-4.3, and 4-8.4(c) and (d).

Zeidwig v. Ward

548 So. 2d 209 · Supreme Court of Florida · Jul 27, 1989

trial court rejected Ward's claim and granted a summary judgment in favor of Zeidwig on three grounds: (1) Ward's claim was barred by the doctrine of collateral estoppel; (2) Zeidwig and his professional association were immune … This constituted a qualified abrogation of the mutuality of parties requirement in the offensive context. We considered the modification of the mutuality requirement in the offensive context in Trucking Employees.