Case law

Williams v. Keyser

11 Fla. 234 · Supreme Court of Florida · Jul 1, 1867

The defendant, if not a party to the writing of indemnity by affixing his signature thereto, is clearly the party who alone claims a beneficial interest under it. … to anything which may have been said by an adverse party, the counsel for that party has a right to lay before the court the whole that was said by his client in the same conversation, not onlyr so much as may explain or qualify

Madison v. Robinson

95 Fla. 321 · Supreme Court of Florida · Feb 22, 1928

It may have been true that he was interested in establishing the abstract fact that he had turned over to Adams the amount of coupons that he testified that he had delivered to him, but the establishment of that fact in this … J., held that this testimony on the part of the heirs involved communications between them and the deceased and “removed the prohibition against the living wife’s testifying as to such transactions and qualified her, under

Wood v. Marston

442 So. 2d 934 · Supreme Court of Florida · Dec 1, 1983

Gradison, 296 So.2d 473 (Fla. 1974), the town council was clearly subject to the Sunshine Law. It established an advisory committee that functioned as an element of the council in its zoning responsibilities. … I would think that these factors would have a chilling affect on qualified applicants from stepping forward.

JUDICIAL NOMINATING COM'N, ETC. v. Graham

424 So. 2d 10 · Supreme Court of Florida · Dec 16, 1982

A nominating commission is a constitutionally established body, mandated by the constitution to submit the nominations of three persons to the governor within thirty days following a judicial vacancy. See art. … Article V, section 11(b) of the Florida Constitution clearly provides that vacancies in the offices of circuit and county judge shall be filled through appointment by the governor.

Staten v. State

519 So. 2d 622 · Supreme Court of Florida · Feb 4, 1988

Clearly, the getaway driver who has prior knowledge of the criminal plan and is "waiting to help the robbers escape" falls into this category and is, therefore, a principal. Enmund v. … Petitioner argues that although the evidence clearly established that she knew a crime had been committed when she drove the car away, it did not establish beyond a reasonable doubt that she intended to participate in the

Gaulden v. Kirk

47 So. 2d 567 · Supreme Court of Florida · Jul 7, 1950

State, 31 Fla. 291 , 12 So. 681 ; the burden is upon one who challenges the constitutionality of a law to make its invalidity clearly apparent, Robinson v. … It was necessary to establish some period of time which would mark the difference between a transient and a permanent guest. In its wisdom the legislature saw fit to establish six months residence as the criterion.

Prince v. State Ex Rel. Williams

157 Fla. 103 · Supreme Court of Florida · Feb 22, 1946

While the facts in the Dade County case differ in degree from those in this case, the principles of law enunciated therein clearly apply. … Of course, what is said here is said in recognition of the fact that a failure of the County Commissioners to establish County Commissioners’ districts in the county in accordance with the provisions of the Constitution will

In RE: AMENDMENTS TO the RULES REGULATING THE FLORIDA BAR-SUBCHAPTER 4-7 (LAWYER REFERRAL SERVICES).

238 So. 3d 164 · Supreme Court of Florida · Mar 8, 2018

However, an accurate representation of one's judicial, executive, or legislative experience is permitted if the reference is subsequent to the lawyer's name and is clearly modified by terms such as "former" or "retired." … establish that the provider is using either its actual legal name or a registered fictitious name.

Friedman v. Friedman

100 So. 2d 167 · Supreme Court of Florida · Feb 5, 1958

Freidman is an exceedingly competent person and as reflected by her professional standing was exceptionally well qualified to have the custody of the child. … Knox, 159 Fla. 123 , 31 So.2d 159 , where a variation of the problem was disposed of by a holding that it would not be considered error to fail to designate the successful party if the decree in other aspects clearly shows

Bulgin v. State

912 So. 2d 307 · Supreme Court of Florida · May 19, 2005

North Carolina, 386 U.S. 213, 226 , 87 S.Ct. 988 , 18 L.Ed.2d 1 (1967) ("The history of the right to a speedy trial and its reception in this country clearly establish that it is one of the most basic rights preserved by … Despite this, the majority has essentially decided that every violation of the speedy trial rule requires the defendant be granted total immunity from prosecution for any crime arising from that episode, including even immunity

Ed Ricke & Sons, Inc. v. Green

609 So. 2d 504 · Supreme Court of Florida · Oct 22, 1992

I also note that, but for the extreme outrageousness of the danger here and its complete lack of social utility, the pool of scalding water clearly would have constituted an abnormally dangerous activity under established … Here, the twelve years that elapsed in the present case, including eight years in which the hot water heater obviously was malfunctioning, clearly would have been sufficient to establish the Housing Authority's omissions

Williams v. State

11 Fla. L. Weekly 277 · Supreme Court of Florida · Jun 26, 1986

This is not an occasion where the state is trying to introduce multiple convictions for the same crime as that charged to establish a pattern of criminal behavior. … This literal requirement of the statute exhalts form over substance to the detriment of public policy, and such a result is clearly absurd.

Sullivan v. City of Tampa

101 Fla. 298 · Supreme Court of Florida · Apr 23, 1931

III of the Constitution provides: “The legislature shall establish a uniform system of county and municipal government which shall be applicable, except in cases where local or special laws are provided by the legislature … 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.

Sebesta v. Miklas

272 So. 2d 141 · Supreme Court of Florida · Oct 18, 1972

Said Act clearly violates the requirements of the Constitutions of Florida and the United States that one man's vote in a district be worth as much as another. … It is an established maxim of statutory construction that courts have the judicial obligation to sustain legislative enactments when possible. Armstrong v. City of Edgewater, 157 So.2d 422 (Fla. 1963); Overman v.

Russenberger v. Russenberger

639 So. 2d 963 · Supreme Court of Florida · Jul 7, 1994

Should he determine that a psychological examination would be in the children's best interest, he shall be permitted, in his discretion, to schedule the necessary examinations with a qualified psychologist of his choosing … In the instant case, the proceedings before the trial judge were clearly insufficient to establish good cause because they consisted of conclusory allegations in the pleadings and argument by counsel.

Ventura v. State

794 So. 2d 553 · Supreme Court of Florida · May 24, 2001

This tangible benefit is clearly distinguishable from the ambiguous, loose, and marginal benefit "promised" in Tarver. Cf. Seiber v. … by the State but not every "provision of her immunity agreement."); see United States v.

Campus Communications v. Dept. of Rev.

473 So. 2d 1290 · Supreme Court of Florida · Jul 11, 1985

(d) It must have been entered or qualified to be admitted and entered as second class mail matter at a post office in the county where published. … A publisher who sells his newspaper to readers is clearly exempt under the statute.

Amendments to Florida Rules of Criminal Procedure 3.851, 3.852 & 3.993

26 Fla. L. Weekly Supp. 644 · Supreme Court of Florida · Sep 26, 2001

We will also issue orders directing the chief judges in those circuits to assign such cases to qualified judges. … The outside of the container must clearly identify that the public record is confidential or exempt and that the seal may not be broken without an order of the trial court.

State Ex Rel. Attorney General v. City of Fort Lauderdale

102 Fla. 1019 · Supreme Court of Florida · Sep 29, 1931

The power so vested ‘to establish and to abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, and to alter or amend the same at any time,” necessarily implies the power to establish … The Legislature has not seen fit to delegate any of this power to the courts, except in the ease of small towns of less than one hundred and fifty qualified electors.

Northup v. Acken

865 So. 2d 1267 · Supreme Court of Florida · Jan 29, 2004

That's why there's no case law on this topic because clearly this is protected by work product privilege and should not be produced. … As noted above, the respondent in this case clearly intended to use portions of the depositions during trial.