Case law

Biltmore Village v. Royal

71 So. 2d 727 · Supreme Court of Florida · Apr 9, 1954

Blaisdell, 290 U.S. 398 , 54 S.Ct. 231 , 78 L.Ed. 413 , 88 A.L.R. 1481, 1590 , the Supreme Court of the United States very clearly pointed out the law governing the obligation of contracts. … and that it does not intend to amend the firm proposition that the former owner and his ancestors, upon the loss of title by default in taxes, lose the entire fee simple absolute, not merely the particular estate, be it a qualified

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.

State v. County of Dade

234 So. 2d 651 · Supreme Court of Florida · Feb 25, 1970

This need is clearly established in the record. We are not, however, permitted the luxury of an elastic interpretation of a clear constitutional provision. Accordingly, the final decree validating the bonds is reversed. … Contemporaneous construction by the Legislature of these transitional provisions clearly supports the proposition just stated.

& SC16-400 Elizabeth White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC., and Americare Home Therapy, Inc., etc. v. Carla Hiles

226 So. 3d 774 · Supreme Court of Florida · Sep 14, 2017

There is clearly no exclusion in the statute for referral sources. In Sanal and Tummala, the district courts indicated that their holdings were mandated by the plain language of section 542.335(1)(b)3. … Incidentally, although the exact boundaries of section 542.335(1)(b) are not drafted with precision, the scope of unprotected business interests is well established.

Dade County v. American Hosp. of Miami, Inc.

12 Fla. L. Weekly 48 · Supreme Court of Florida · Jan 6, 1987

Section 154.306, Florida Statutes (1985), clearly reveals the legislature's intent: Ultimate financial responsibility for treatment received at a regional referral hospital by a certified indigent patient who is a resident … Such a patient, providing he is a qualified resident of Dade County, had he presented himself at the entry to Jackson Memorial Hospital, would have been entitled to treatment.

Solar Research Corporation v. Parker

221 So. 2d 138 · Supreme Court of Florida · Apr 2, 1969

denying *140 a judgment for plaintiff notwithstanding the verdict, the trial court said: "The Court is of the view that this case is controlled by the oft-stated proposition of law that although the expert opinion evidence by qualified … The evidence on this question by both parties establishes a contract to pay a fee of $5,000.00 "win, lose, or draw."

Blackhawk Heat. & P. Co., Inc. v. Data Lease Fin. Corp.

302 So. 2d 404 · Supreme Court of Florida · Oct 24, 1974

In the instant case, the agreement and the conduct of the parties clearly establishes the meaning of the term "cash-flow benefit." … In any event, paragraph 6(b) was written into the agreement with the idea that it would be more clearly defined and elaborated upon later.

Firestone v. Time, Inc.

271 So. 2d 745 · Supreme Court of Florida · Dec 20, 1972

(Fla. 1955), 80 So.2d 669 ( qualified privilege for reports of judicial proceedings); Murphy v. Daytona Beach Humane Soc. … (Fla.App. 1965), 176 So.2d 922 ( qualified privilege in commenting on matter of public interest); and Leonard v.

Atlantic Coast Line Railroad v. Wilson & Toomer Fertilizer Co.

89 Fla. 224 · Supreme Court of Florida · Mar 2, 1925

, the usage or custom is not established. … moved, to issue a bill of lading, which is oftentimes done after the car has already gone on, but about the particular facts of the custom that existed between the switch conductor and the Fertilizer Company he was not qualified

Tillman v. State

525 So. 2d 862 · Supreme Court of Florida · Apr 21, 1988

The Court has found that this Defendant qualified as a habitual offender pursuant to Section 775.084, Florida Statutes. … Rousseau, 509 So.2d 281, 284-85 (Fla. 1987), or where there is evidence that the trauma is the result of "extraordinary circumstances which are clearly not inherent in the offense charged". Casteel v.

Boardman v. Esteva

323 So. 2d 259 · Supreme Court of Florida · Sep 30, 1975

On the other hand, the Legislature has clearly mandated that if the absent elector's ballot is not placed in an envelope separate from the absentee ballot, as required by Fla. … The burden is clearly on the contestor to establish that the ballots have been irregularly cast. Burke, supra .

Farina v. State

679 So. 2d 1151 · Supreme Court of Florida · Apr 18, 1996

The judge determined that the aggravating factors clearly outweighed any mitigation. … He argues that the trial court erroneously excused for cause three jurors who were qualified to serve.

Mobil Oil Corp. v. Bransford

20 Fla. L. Weekly Supp. 11 · Supreme Court of Florida · Jan 5, 1995

Bransford later sued Mobil on the theory that it had effectively established an apparent agency relationship with the leaseholder, Berman. … Unless properly amended, the complaint below clearly fails to state a cause of action against Mobil.

David P. Trotti v. Rick Scott, Governor

271 So. 3d 904 · Supreme Court of Florida · Nov 26, 2018

Clearly there is a problem with the current constitutional provision as interpreted when the decision of whether a judicial vacancy is to be filled by general election or gubernatorial appointment rests solely with the actions … Regardless, in Brantley, the Court established that it has the power to qualify or limit a public official’s right to relinquish office if necessary to protect the public. Id.

Ponticelli v. State

593 So. 2d 483 · Supreme Court of Florida · Oct 10, 1991

A promise of immunity, calculated to extract a confession or incriminatory statement, renders the statement involuntary. … This was clearly more than a simple shooting. See Lewis v.

James Barry Wright v. City of Miami Gardens, etc.

41 Fla. L. Weekly Supp. 387 · Supreme Court of Florida · Sep 15, 2016

Quite clearly, subparagraph 7(a)1. does not provide any method of paying the fee after the end of qualifying. … “It is a well established principle that the courts will not declare an act of the legislature unconstitutional unless its constitutionality is challenged directly by one who demonstrates that he is, or assuredly will

Wells v. State

98 So. 2d 795 · Supreme Court of Florida · Dec 11, 1957

Mauricio Rubio as two disinterested qualified experts to examine the said Willie Andrew Wells and "to testify at the hearing thereon before this Court as to his mental condition." … Bourkard was presented by the State as a witness on rebuttal, the burden was clearly upon the State to establish the sanity of the defendant at the time he committed the crime. We now examine Dr.

Jesse Guardado v. State of Florida

40 Fla. L. Weekly Supp. 204 · Supreme Court of Florida · Apr 16, 2015

Guardado argues that the failure to properly object to the striking of this qualified 7. Chandler v. … The record clearly shows that, after detailed inquiry, Mr. Tucker responded that his beliefs would substantially impair his ability to follow the law. Mr.

Pinellas Park Drainage District v. Kessler

69 Fla. 558 · Supreme Court of Florida · May 4, 1915

That he is a tas payer and qualified elector of Pinellas County, Florida, and .the owner of the following-described real estate in said county, of which he is now in the actual possession, to-wit: The Southeast quarter *560 … State is subject only to the limitations provided in the State and Federal Constitutions; and no duly enacted statute should be judicially declared to be inoperative on the ground that it violates organic law, unless it clearly

Davis v. State

875 So. 2d 359 · Supreme Court of Florida · Nov 20, 2003

Moreover, Davis has not established prejudice under the second prong of Strickland . … State, 837 So.2d 940, 963 (Fla.2003) (stating that prior violent felony aggravator based on contemporaneous crimes charged by indictment and on which defendant was found guilty by unanimous jury "clearly satisfies the mandates