Case law

San Martin v. State

705 So. 2d 1337 · Supreme Court of Florida · Dec 24, 1997

The sentencing order also rejected the substantial domination mitigator because "[t]he evidence clearly establishes that [San Martin] was an integral part of the planning and execution of these crimes." Dr. … Marina's testimony, definitely establishes that Mr. San Martin is capable of goal oriented and sophisticated conduct.

Bates v. State

750 So. 2d 6 · Supreme Court of Florida · Oct 7, 1999

State, 520 So.2d 1 (Fla. 1988), we stated: Clearly, the defendant was present from the beginning of his trial. … Richmond, was present during the proceeding qualifying the jury pool and made no objection.

In Re: Estate of Hewitt

153 Fla. 137 · Supreme Court of Florida · Jun 8, 1943

Statutes of descent or succession usually place emphasis upon kinship as established by the blood stream — hence the frequent use of the word “descendants” in our own statute of descents and distributions, now Section 731.23 … received a uniform construction, yet it is the general view that there is not conferred upon the child a right to inherit from the lineal or collateral kindred of the adoptive parent unless the language of the statutes is clearly

Murray v. City of St. Petersburg

138 So. 2d 319 · Supreme Court of Florida · Feb 21, 1962

This phase of the finding clearly related to Sec. 440.02(19) where “accident” is defined as “only an unexpected or unusual event or result, happening suddenly." (Italics supplied.) … We think the pivotal point of the litigation as it is presented to us involved the application of the statute last cited to the facts which may be said to have been established by competent substantial evidence.

In Re the Florida Bar

316 So. 2d 45 · Supreme Court of Florida · Jul 2, 1975

We hold that the legislature may establish a standard means of financial disclosure to be made at the time of qualifying for all candidates for office in every branch as part of the election code and as a condition for the … Clearly, making the lawyers who act in these capacities "public officials" could create chaos in the administrative operation of our judicial system.

Robinson v. Florida Dry Cleaning & Laundry Board

141 Fla. 899 · Supreme Court of Florida · Feb 23, 1940

therefor; “(c) To establish health and sanitary requirements; “(d) To fix minimum and maximum prices, or either, for services in separate trade areas in connection with the industry thereby regulated; “(e) To establish rules … “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.

Montgomery v. State

897 So. 2d 1282 · Supreme Court of Florida · Mar 17, 2005

The statute clearly indicates the Legislature wanted to include all determinations of guilt even where adjudication had been withheld. … A plea of nolo contendere does not establish guilt. "A nolo plea means `no contest,' not `I confess.' " Garron v.

Scarborough v. Webb's Cut Rate Drug Company, Inc.

150 Fla. 754 · Supreme Court of Florida · Mar 27, 1942

It is presumed that a statute is constitutional and the burden rests on the party claiming the contrary to clearly establish his contention. Neisel v. Moran, 80 Fla. 98 , 85 So. 346 . … Justice Terrell, in part said: “Constitutional guaranties have never been thought to be immune from regulation or limitation in the interest of the common good.

Mahood v. State Ex Rel. Davis

101 Fla. 1254 · Supreme Court of Florida · Mar 24, 1931

The qualification expressed in section 2937, (as to publication of notice) are “registered voters” residing in the proposed corporate limits, and as expressed in section 2938 they are “qualified electors”. … Here the lines were not established directly by the legislature, but were supposed to have been established by the incorporating citizens pursuant to a procedure prescribed by legislative act.

In Re Amendments to Rules Reg. Bar-Advertising

33 Fla. L. Weekly Supp. 1 · Supreme Court of Florida · Dec 20, 2007

Letters of solicitation and their envelopes must be clearly marked "advertisement." … It is in the public interest that a person receives legal services only from someone who is qualified to render them.

State v. Cain

381 So. 2d 1361 · Supreme Court of Florida · Mar 27, 1980

As we stated earlier in this opinion, juveniles are given such immunity from criminal prosecution as is conferred on them under statute. … It is well established that the legislature may, within clearly defined limits, delegate to an administrative agency the authority to provide rules and regulations for the complete operation and enforcement of the law within

In Re Estate of Beakes

306 So. 2d 99 · Supreme Court of Florida · Nov 20, 1974

While it may be good form in some instances for a witness to explore with the testator the latter's testamentary capacity, the nature of the document, and its voluntary character, such in our opinion is not essential to qualify … one as an attesting witness under § 731.07." ( 279 So.2d 69 ) Clearly, F.S. § 731.07 does not require publication; therefore, in accordance with the general princples enunciated above, as well as the Fourth District Court's

Orme v. State

677 So. 2d 258 · Supreme Court of Florida · May 2, 1996

This was established both by eyewitness testimony and Orme's own statement to police. … Likewise, the medical examination of the victim clearly showed she had been sexually assaulted around the time of death.

In Re Amendments to the Rules Regulating the Florida Bar

34 Fla. L. Weekly Supp. 628 · Supreme Court of Florida · Nov 19, 2009

Any fee in excess of 25% shall be presumed to be clearly excessive. … (c) Minimum Requirements for Qualifying for Certification With Examination.

Williamson, Et Vir v. Nurses' Mutual Protective

142 Fla. 225 · Supreme Court of Florida · Mar 15, 1940

but also from the attitude of the petitioner as well as the respondent, for, in asking the trial judge to decide the case as a matter of law, the litigants must have been of the same mind that the true situation was so clearly … policy treated of was that the higher compensation would be made if the illness was of such severity that the patient was confined “ ‘continuously within doors’ ” making neces *231 sary “ ‘regular visits therein by legally qualified

Alvarez v. Department of Professional Regulation

14 Fla. L. Weekly 382 · Supreme Court of Florida · Jul 27, 1989

Petitioners respond that section 455.2182 has no application to foreign-trained professionals who qualify for licensure under section 455.218, but applies exclusively to osteopathic physicians and osteopathic physician assistants … McNayr, 133 So.2d 312, 316 (Fla.1961) (mandamus is available to enforce a clearly established right).

Sonny Boy Oats, Jr. v. State of Florida

40 Fla. L. Weekly Supp. 705 · Supreme Court of Florida · Dec 17, 2015

When Oats was 13, he was given the Slosson Intelligence Test, which indicated that Oats’s IQ was 70—a score that qualifies as intellectually disabled. … Thus, this evidence clearly should have been considered in the current proceeding.

Gallagher v. Motors Ins. Corp.

605 So. 2d 62 · Supreme Court of Florida · Jul 23, 1992

Moreover, the record in this case supports the conclusion that the regulatory goal advanced by the State clearly is a "conceivable" purpose for the premium tax. … The Taxpayers' Privileges and Immunities challenge was properly rejected in light of the clear pronouncement in Western & Southern Life that the Privileges and Immunities Clause of the United States Constitution is inapplicable

State v. Clein

93 So. 2d 876 · Supreme Court of Florida · Mar 27, 1957

The descriptions in the article create a picture by words which if presented in a photograph or drawing would clearly be obscene. … This court would not be justified in assuming either that the morals of youth exposed to such a publication are so firmly elevated as to be immune to any possible adverse effect from it or, on the other hand, so sophisticated

State v. Johnson

814 So. 2d 390 · Supreme Court of Florida · Mar 21, 2002

statute. [10] However, we also disapprove of Manney to the extent that the Fifth District would never preclude the State from using the medical records, so long as the State subsequently complies with section 395.3025 by establishing … Prosecutors enjoy absolute immunity from lawsuits for damages in the performance of their quasi-judicial functions of initiating or maintaining a prosecution.