Case law

West v. Town of Lake Placid

97 Fla. 127 · Supreme Court of Florida · Feb 6, 1929

It appears that a majority of the legally qualified voters who voted at said election voted in favor of the issuance of said bonds. … But pretermitting that question, there ensues another well established rule that is fatal to appellants’ contention.

Bottoson v. Moore

833 So. 2d 693 · Supreme Court of Florida · Oct 24, 2002

If the presence of at least one aggravating circumstance "death qualifies" a defendant and is the "functional equivalent" of an element of the offense, then the finding of that qualifying aggravator must be held to the same … The holding in Ring was clearly very narrow.

Champion v. Gray

478 So. 2d 17 · Supreme Court of Florida · Oct 31, 1985

The outer limits of this cause of *22 action will be established by the courts of this state in the traditional manner of the common law on a case-by-case basis. … We have listed several relationships which may qualify. These, however, are not exclusive; other relationships may qualify. Each one will be closely scrutinized on a case-by-case basis.

The Florida Bar v. Neu

17 Fla. L. Weekly Supp. 226 · Supreme Court of Florida · Apr 2, 1992

The Florida Bar must establish that Neu intended to convert his clients' funds, and consequently that he acted with dishonesty, misrepresentation, deceit or fraud. … We find that The Florida Bar does not establish in the record that Neu intentionally misled the guardianship court.

Wilkerson v. Buras

2013 La.App. 1 Cir. 1328 · Supreme Court of Florida · Aug 12, 2014

that the finding is not clearly -wrong (manifestly erroneous). … On the other hand, whether a particular act, if proven, qualifies as a step in furtherance of the action and thereby precludes abandonment is a question of law that we review by simply determining whether the trial court’

Fuller v. State

159 Fla. 200 · Supreme Court of Florida · Jun 24, 1947

Abner Fuller did not testify and his relationship with his brother, Fletcher Fuller, does not clearly appear by the testimony. … The testimony adduced by the State clearly establishes the guilt of the appellants under counts four and five of the information, and it cannot be said that the challenged charge was prejudicial as the verdict of the jury

In re Amendment to Florida Probate Rule—Part III (Guardianship)

551 So. 2d 452 · Supreme Court of Florida · Sep 29, 1989

encumbrances, liens, and other secured claims on any item, any claims against the estate, and any cause of action on which the ward has a right to sue; (2) a description of the location of real and personal property sufficient to clearly … Any guardianship established on or after October 1, 1989, must be in compliance with the Florida Guardianship Law as amended in 1989.

State Ex Rel. Feldman v. Kelly

76 So. 2d 798 · Supreme Court of Florida · Nov 19, 1954

No constitutional guaranties are absolutes, all have been qualified from time to time as the public safety and welfare requires. There is another important consideration that supports this thesis. … The historical background which actuated placing immunization from personal incrimination in the State and Federal Constitutions certainly did not have in mind shielding those who by treasonable designs sought the destruction

McMannis v. Mad-Ray Modulars, Inc.

289 So. 2d 715 · Supreme Court of Florida · Feb 6, 1974

An examination of the record, however, reveals that the Judge of Industrial Claims' Order is clearly supported by competent and substantial evidence. … In fact, if such a rule of law were to be established, it would appear to be repugnant to both Federal and State Constitutions. Finally, it should be noted that employer-carrier has raised three points in its brief.

Bell v. State

93 So. 2d 575 · Supreme Court of Florida · Mar 13, 1957

The State, of course, contends that the competency of the child was adequately established and that the guilt of the appellant was clearly supported by the evidence. The crime charged is atrocious and repulsive. … Under a literal interpretation of the statute the petty thief, the vagrant, may if declared a sexual psychopath be absolutely immune to punishment.

Gilchrist Timber v. ITT Rayonier, Inc.

22 Fla. L. Weekly Supp. 365 · Supreme Court of Florida · Jun 26, 1997

For the reasons expressed, we answer the question with a qualified affirmative, finding that the party who negligently transmitted the false information may be held liable when the recipient is able to establish a negligent … Accordingly, we answer the question with a qualified affirmative, finding that the party who negligently transmitted the false information may be held liable if the recipient is able to establish a negligent misrepresentation

Oates, Et Ux. v. N.Y. Life Ins. Co.

117 Fla. 892 · Supreme Court of Florida · Feb 7, 1934

established. … Nat, Bank of Pensacola, 67 Fla. 32 , 64 So. 427 , have been qualified by the principles' stated in Hutchinson v. Hutchinson, 79 Fla. 157 , 84 So. 151 , and other subsequent cases. Flowers v.

In Re Florida Bd. of Bar Examiners

353 So. 2d 98 · Supreme Court of Florida · Dec 8, 1977

In the case sub judice, Chapter 77-63, Laws of Florida, clearly seeks to regulate the manner in which the Florida Bar Examination is administered by the Board. … No greater responsibility rests with this Court than maintaining in form and substance the government established by the people through our organic document.

D.M.T. v. T.M.H.

38 Fla. L. Weekly Supp. 812 · Supreme Court of Florida · Nov 7, 2013

La-maritata, an intent clearly set forth in the parties’ contract.” Id. … The statute clearly applies to him. Therefore, if T.M.H. is denied parental rights, this child will have only one legal parent.

Howell v. State

77 Fla. 119 · Supreme Court of Florida · Jan 30, 1919

jury —or the registration books showing that there are not a sufficient number of qualified voters in the county— are the facts to be established by proof to the satisfaction of the judge i^pon issue made by the allegations … Or may he say, “I maw be prejudiced, but the facts you allege do not establish it?”

Behm v. DIVISION. OF ADMIN., STATE DEPT. OF TRANSP.

336 So. 2d 579 · Supreme Court of Florida · Jul 8, 1976

Division of Administration, State of Florida Department of Transportation, Fla.App., 327 So.2d 841 , (1976), reaffirmed but qualified the decision in City of Jacksonville v. Yerkes, supra . … Otherwise, as pointed out in the Doty case, `the jury's verdict should not be reviewed, even when clearly contrary to the most reasonable and convincing testimony.'" Id. at 316 .

Manning v. State

378 So. 2d 274 · Supreme Court of Florida · Nov 21, 1979

The voir dire inquiry established that every member of the jury panel had prior knowledge of the alleged crimes through news media accounts and community discussion. … To be qualified, it is only necessary that the prospective juror be impartial and be able to base his verdict solely upon the evidence properly before the jury.

Southern Bell Telephone & Telegraph Co. v. Bell

116 So. 2d 617 · Supreme Court of Florida · Oct 14, 1959

not to be measured in terms of whether he can perform only the same work being performed at the time of the injury but rather by his ability to earn wages in the same or any other type of work of which he is capable and qualified … This statement clearly tracks the definition of disability set forth in § 440.02(9) F.S.A.

M/I Schottenstein Homes, Inc. v. Azam

27 Fla. L. Weekly Supp. 190 · Supreme Court of Florida · Mar 7, 2002

("petitioner" or "the seller"), an Ohio corporation qualified to do business in Florida. … Clearly, the size of a parcel of land would have been contained in the public record.

Wilkins v. Wilkins

144 Fla. 590 · Supreme Court of Florida · Oct 18, 1940

It thus appears that it was clearly held in that case, reading the opinion as a whole, that J. S. Wilkins was acting in a fiduciary capacity for W. C. … Wilkins as to what amount of rents he actually collected, the rental value may be established by the testimon'}^ of qualified witnesses as to what was the reasonable rental, value of each piece of property 'for each year