Case law

Crosby v. Burleson

142 Fla. 443 · Supreme Court of Florida · Mar 19, 1940

It is clearly apparent that the County Judge's Court of Marion County has assumed and now entertains jurisdiction of the subject matter and of the parties. … The recital in that order that the county judge had jurisdiction in the premises establishes that fact so as to place it beyond the scope of any collateral attack." In Roberts v.

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

State Ex Rel. Laney v. Walker

155 Fla. 41 · Supreme Court of Florida · Oct 24, 1944

The Act was designed (1) to obtain for the public schools of Orange County a staff of competent, outstanding and well qualified teachers; (2) the probationary period of employment was fixed at three years; (3) if the probationary … He had a lawful right to teach as principal of the *45 Apopka High School, or some other public school of Orange County paying a similar salary, and his failure to do so is clearly attributable to the unlawful order of dismissal

Powell v. State

131 Fla. 254 · Supreme Court of Florida · Jun 11, 1937

We hold that the record clearly establishes that the search was made with the full consent, if not the express invitation, of the accused and that all the things found in the house and in the automobile, and the testimony … Powell and was, therefore, clearly admissible.

State Ex Rel. Gallaway v. Henderson

134 Fla. 731 · Supreme Court of Florida · Oct 31, 1938

Clearly these all have to do with conducting elections. … shall be passed unless notice of intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated but further that proof of’ such prohibition of notice shall be established

Hyde v. State

139 Fla. 280 · Supreme Court of Florida · Jul 14, 1939

The record does not clearly show that the defendant Slayton was convicted or pleaded guilty to an information charging the same offense which is charged in this information. … This instruction by the court which was in substance again given when charging the jury finally gave to the defendant Slayton full immunity from being twice convicted of the same offense under the second count of the information

State Ex Rel. Ashby v. Haddock

149 So. 2d 552 · Supreme Court of Florida · Dec 5, 1962

Certiorari jurisdiction here is based on alleged conflict with Whitelaw's Estate, Fla.App., 2nd Dist., 133 So.2d 118 . [1] The petitioners, duly qualified as executors and trustees under the will of Thurston Roberts, deceased … This section clearly contemplates mailing of notice only to those parties enumerated in subsection (1), i.e.

Riley v. State

366 So. 2d 19 · Supreme Court of Florida · Oct 26, 1978

It is suggested that jurors for the first phase of our bifurcated proceeding in capital cases would serve in that proceeding only, to determine the accused's guilt or innocence, and that alternate jurors who qualify under … The facts clearly established are that Peter Enea, Sr. and Robert Lisenby were shot to death with pistols during the course of a robbery and that Peter Enea, Jr. was shot in the head but survived.

State v. Thompson

750 So. 2d 643 · Supreme Court of Florida · Dec 22, 1999

In addition, the Legislature added "aggravated stalking" to the list of qualifying offenses for the habitual violent felony offender category. … Stat. (1995) (setting forth permitted sentences for those qualifying as violent career criminals).

McDonald v. State

957 So. 2d 605 · Supreme Court of Florida · May 17, 2007

Based on the language of the PRR statute expressing the Legislature's intent that "qualifying offenders be punished to the `fullest extent of the law,' including the imposition of mandatory minimum sentences," this Court … Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing

Hudson v. State

992 So. 2d 96 · Supreme Court of Florida · Sep 25, 2008

premeditation is clearly proven. … The shooting was not done in a fit of rage but according to a prearranged plan, and the evidence clearly established that it was also "cold."

County of Orange v. Webster

14 Fla. L. Weekly 285 · Supreme Court of Florida · Jun 15, 1989

Although the Court ultimately remanded the case on another ground, the legitimacy of using a curative act to sustain the results of an election was established. … Webster’s other constitutional attacks on chapter 88-38 are so clearly without merit that they need not be discussed.

Jacobs v. Seminole County Canvassing Bd.

773 So. 2d 519 · Supreme Court of Florida · Dec 12, 2000

Although the statute clearly sets forth what must be disclosed by the person requesting the absentee ballot, there is no statutory directive regarding the treatment of absentee ballot requests which do not contain all of … This information was sufficient to establish the qualifications of the applicant. [2] It was also stipulated by the parties that the application forms had already been signed by the applicant when the third parties corrected

In Re Amendments to the Rules Regulating the Florida Bar

34 Fla. L. Weekly Supp. 627 · Supreme Court of Florida · Nov 19, 2009

At oral argument, the Court expressed concern regarding these proposed exceptions to the established advertising rules. … Also, rule 4-7.2(c)(l)(F) clearly prohibits lawyers from making advertising communications that contain “any reference to past successes or results obtained.”

Kidwell v. State

23 Fla. L. Weekly Supp. 565 · Supreme Court of Florida · Oct 22, 1998

Under the three-prong balancing test set forth in Davis , a judge must determine whether the government has established that: (1) the reporter possesses relevant information; (2) the same information is not available from … In this case, the information is clearly relevant. However, it appears that the defendant gave information in his confession to the police similar to the information given to the reporter.

State Ex Rel. Hand v. McDonald

154 Fla. 456 · Supreme Court of Florida · May 12, 1944

McDonald to said office for the remainder of the current term, or until his successor was duly elected and qualified, and under the last com *460 mission issued the respondent claims title to' said office. … Our previous decisions established clearly the law and it is contrary to the contentions as made by counsel for the relator.

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Supreme Court of Florida · Sep 14, 2023

All documents filed in the action shall be styled in such a manner as tomust clearly indicate clearly the subject matter of the paper and the party requesting or obtaining relief. RULE 4.110. … An indigent respondent who requests the appointment of counsel for appeal must file an affidavit to establish entitlement to the appointment.

DAVEY COMPRESSOR v. City of Delray Beach

19 Fla. L. Weekly Supp. 381 · Supreme Court of Florida · Mar 31, 1994

Davey argues that the State of Florida, as the "owner" of the groundwater, is the proper party to bring suit for natural resource damages. [2] As the supplier of groundwater, however, the City has an established interest … The "restoration" rule is clearly an inadequate measure of damages where a city's water supply is polluted.

State ex rel. Attorney General v. Hilburn

70 Fla. 55 · Supreme Court of Florida · Jul 9, 1915

D. 1915, and, in the event said additional judges are not then ap *66 pointed and qualified, until said additional judges shall have qualified. Section 5. … , until said additional judges shall have qualified.”

Antoine E. McCloud v. State of Florida

260 So. 3d 911 · Supreme Court of Florida · Dec 20, 2018

According to the Second District, that interpretation "add[ed] another element to a crime that is otherwise clearly defined." Id. at 846 . … L. 521 , 525 (2016) ("[A] crime will qualify as a specific-intent offense if it requires the state to prove that the defendant intended to 'achieve some additional consequence' beyond the commission of 'the proscribed act