Case law

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.

Florida House of Representatives v. Crist

999 So. 2d 601 · Supreme Court of Florida · Jul 3, 2008

A state may avoid its duty, as Florida has effectively done, by asserting its immunity. Seminole Tribe, 517 U.S. at 47 , 116 S.Ct. 1114 . … For the purpose of this Section, the Tribe agrees to waive its immunity as provided in Section E of this Part. I.

United Teachers of Dade v. DADE CTY. SCH. BD.

500 So. 2d 508 · Supreme Court of Florida · Dec 24, 1986

to in order to qualify for the award. … The requirement that the teacher must achieve a superior performance evaluation, which the majority opinion completely ignores, is highly significant and clearly establishes that the merit pay is a wage and does have an impact

In Re: Amendments to the Florida Family Law Rules of Procedure New Rules for Qualified and Court-Appointed Parenting Coordinators

39 Fla. L. Weekly Supp. 470 · Supreme Court of Florida · Jul 3, 2014

New subdivision (b) is adopted providing that each circuit shall establish a process for parenting coordinator qualification. … Each judicial circuit shall establish a process for determining that a parenting coordinator is qualified in accordance with the requirements established in the parenting coordination section of Chapter 61, Florida

Gainesville Woman Care, LLC v. State of Florida

42 Fla. L. Weekly Supp. 183 · Supreme Court of Florida · Feb 16, 2017

The Defendants’ pleading clearly establishes that a number of states have a waiting period, although it is also clear that most, if not all, were established under the “undue burden” standard. … Resha, 634 So.2d 756, 759 (Fla. 1st DCA 1994) (finding no legislative waiver of sovereign immunity as to the privacy provision of the Florida Constitution and therefore concluding that money damages are not available for

In Re Amendments to Rules

598 So. 2d 41 · Supreme Court of Florida · Feb 20, 1992

Establish a definition of qualifying voluntary pro bono legal services that insures that increased pro bono activity contemplated by the plan will inure to the benefit of the poor (see Section 5 of the plan), in both civil … Other professional dictates would clearly bar such a practice.

Department of Revenue v. Leadership Hous., Inc.

343 So. 2d 611 · Supreme Court of Florida · Mar 3, 1977

We reject appellees' *615 arguments that the appreciation became immunized from income taxation as it accrued by the Florida constitutional prohibition. … It must be found in those implications and intendments which clearly flow from the express mandates of the Constitution when considered in the light of circumstances and historical events leading up to its adoption, from

Hulst v. State

123 Fla. 315 · Supreme Court of Florida · Mar 23, 1936

The overt act of decedent’s death by the agency of forces directly attributable to defendant has been established. … The identity of deceased was also established.

Jones v. State

591 So. 2d 911 · Supreme Court of Florida · Nov 14, 1991

On the other hand, Schofield's confessions to the various inmates [1] other than Marr [2] and to Patricia Owens after he got out of jail clearly qualify as newly discovered evidence which should be considered. … The trial judge's order which rejected the claim based on newly discovered evidence was clearly correct under the Hallman standard.

John D. C. v. State ex rel. Julia V. H.

16 Fla. 554 · Supreme Court of Florida · Jan 15, 1878

Courts will *561 never interfere ito .reverse the finding of such a jury upon mere questions of fact, unless the verdict should be so clearly and .manifestly against the weight of such evidence as to suggest the presumption … If in its exercise the court should reject a person qualified to sit as a juror, how does that prejudice the accused?

State v. Special Tax School District No. 5

107 Fla. 93 · Supreme Court of Florida · Oct 21, 1932

electors residing in such counties, districts or municipalities, shall participate,” thus establishing a new and different rule from that required by section 17 of Article XII as amended in 1924, and one that was expressly … Being wholly silent as to such matters, and no such limitations being clearly implied from the use of the terms in the amendment itself, none will be implied by the court.”

Brooks v. State

762 So. 2d 879 · Supreme Court of Florida · May 25, 2000

I do not find that to be error, but clearly it was not fundamental error. … was not a sufficient predicate establishing that Johnson was qualified as an expert in determining the exact weight of crack cocaine rocks by visual inspection.

Florida Motor Lines, Inc. v. Railroad Commission

101 Fla. 1018 · Supreme Court of Florida · Mar 3, 1931

The law does not give common carriers immunity from competition; but Chapter 13700, Laws of Florida, does not authorize the business of common carriers who provide their own roads, to be impaired by competition from carriers … A new line of service or a greater increase in the authorized service affecting the use and safety of the public roads and unduly increasing competition with established carriers might violate 'the statute.

Florida Bar v. Guerra

30 Fla. L. Weekly Supp. 81 · Supreme Court of Florida · Feb 3, 2005

Further, Guerra stated that since the Bar’s investigation had begun and his violations had been discovered, he had realized that he was not qualified to handle his trust accounts alone and had hired an accountant to assist … clearly and convincingly that an attorney appears to be causing great public harm.”

Tyson v. Mattair

8 Fla. 107 · Supreme Court of Florida · Jul 1, 1858

very being or legal existence of tbe woman was by the ancient common-law suspended during tbe continuance of marriage, wbicb gives an absolute right to tbe bus-band in all bis wife’s chattels, personal in possession, a qualified … The opposite of this is clearly shown by the authorities already adduced, but more clearly in the decision made at a very early period, in which “ H.

Linn v. Fossum

946 So. 2d 1032 · Supreme Court of Florida · Nov 2, 2006

The autopsy report, toxicology report, and photographs are clearly "facts or data" reasonably relied on by experts in the field. In Bender v. … Experts are qualified to render opinions based on their experience, background, and training.

Doe v. Evans

814 So. 2d 370 · Supreme Court of Florida · Mar 14, 2002

We are simply denying immunity to those who may be found at fault. … Clearly, this analysis has *379 not been waived. See Fla. R. Civ.

State ex rel. Ellis v. Tampa Water Works Co.

56 Fla. 858 · Supreme Court of Florida · Jun 15, 1908

Municipalities are established by law for purposes of government. … Chapter 3779, which became effective June 2, 1887, *867 and established the city of Tampa, provides, in section 7, that the “city council shall have power to make, ordain, establish and execute for the government of said

Robinson v. Epping, Bellas & Co.

24 Fla. 237 · Supreme Court of Florida · Jun 15, 1888

It is contended by appellants that the law of this case, as established by the former opinion, is that a petition is necessary and jurisdictional to the action of the County Court in the appointment of an administrator. … according to law ” and having “ duly qualified according to law” in the order and record of the letters.

State Ex Rel. Davis v. Botts

101 Fla. 361 · Supreme Court of Florida · Apr 28, 1931

population of not less than One Hundred Thousand (100,000) and not more than One Hundred and Twenty Thousand (120,000) according to the last State census, the Governor of the State of Florida, shall appoint four (4) duly qualified … It is well established in this State that where a Court can dispose of any given case before it without passing upon the constitutionality of an involved statute, that it will do so. State vs. Parker, 49 So. 124 .