Case law

Orlando Transit Co. v. Florida Railroad & Public Utilities Commission

160 Fla. 795 · Supreme Court of Florida · Jul 16, 1948

Further, there is no evidence produced here under which the applicant could qualify for a for-hire application. "7. … The pertinent allegations of the petition lodged with the Railroad Commission and the testimony of the witness Swope, adduced in support there, clearly established the inference or conclusion that the petitioner was not seeking

CHANDRIS, SA v. Yanakakis

668 So. 2d 180 · Supreme Court of Florida · Dec 21, 1995

Here the facts clearly negate unlawful practice.... … to practice in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he is qualified, or recognized by law as qualified, to act as a lawyer in this

Odom v. State

403 So. 2d 936 · Supreme Court of Florida · Jul 23, 1981

Charles Jimmy Carter, originally arrested on a charge of first-degree murder, was given immunity and testified that he drove the van to Richards' house with Odom and Lewis as his passengers. … Having heard the appellant voluntarily make statements of an incriminating nature concerning his participation in the crime, Jones clearly could have testified from memory about the content of the statements.

City of Jacksonville v. Bowden

67 Fla. 181 · Supreme Court of Florida · Mar 10, 1914

by the affirmative vote of a majority of all the members of the City Council, and approved by the Mayor or passed over his veto, and at a special municipal election approved by the affirmative vote of a majority of the qualified … The ordinance is apparently in substantial accord with the statute and it is not clearly void for uncertainty.

Szabo v. Speckman

73 Fla. 374 · Supreme Court of Florida · Feb 15, 1917

of the court to prevent, and to require the administrator to come to an accounting of the personal property in his hands belonging to the estate, and to pay the same over to them accordingly as their interests *381 were established … Any relaxation of the law in aid of gifts causa mortis is fraught with danger; such donations amount to a revocation pro tanto of written wills and not being subject to the forms prescribed for nuncupative wills, are *384 clearly

Miller v. Nolte

453 So. 2d 397 · Supreme Court of Florida · Jul 12, 1984

The subject property *400 had been assessed for the value of both the realty and the improvements and the property, in fact, clearly qualified for an unimproved land assessment. … There is no justifiable reason to overrule the multiple decisions that have clearly established the rule of law on this issue. McDONALD, J., concurs.

Amendments to Rules Reg. Florida Bar

630 So. 2d 501 · Supreme Court of Florida · Feb 3, 1994

Clearly, this Court has the constitutional responsibility to ensure access to the justice system. … Additionally, we find that the rules should clearly indicate that their purpose is to establish aspirational goals and to motivate the legal profession to provide necessary legal services to the poor.

Williams v. Jones

326 So. 2d 425 · Supreme Court of Florida · Dec 17, 1975

If such a commercial establishment operated for profit on Panama City Beach, Miami Beach, Daytona Beach, or St. … Section 196.25, Florida Statutes, provided in pertinent part as follows: "(1) Any real or personal property which for any reason is exempt or immune from taxation but is being used, occupied, owned, controlled or possessed

Doe v. Allstate Ins. Co.

653 So. 2d 371 · Supreme Court of Florida · Mar 23, 1995

We answer the first question in the negative, although we qualify our answer in this opinion. We answer the second question affirmatively as explained herein. … However, we clearly state that the insured must demonstrate that the insurer's assumption of the insured's defense has prejudiced the insured.

In the Matter of the Florida Bar

349 So. 2d 630 · Supreme Court of Florida · Sep 30, 1977

The advent of this decision reinforces the conclusions we reach today with respect to the propriety of this Court establishing maximum fee schedules. … "`That freedom however is not an absolute, but a qualified right and is therefore subject to a reasonable restraint in the interest of the public welfare.'"

Chaires v. Chaires

10 Fla. 308 · Supreme Court of Florida · Jul 1, 1864

The proofs failing to establish the charge of cruelty, the Chancellor, on the 15th day of August, A. … or six hundred dollars. ' In this conflict of evidence, it would be highly improper for an appellate tribunal to interfere With the discretion of the Chancellor, who, from the nature of the case, is presumed to be better qualified

H & F Land v. Panama City-Bay Co. Airport

24 Fla. L. Weekly Fed. S 264 · Supreme Court of Florida · Jun 10, 1999

Importantly, this Court has upheld the extinguishment of interests in land under MRTA even where those interests were more clearly established and defined than those in question here. … However, as we noted earlier, no public claim by attempted use was established here.

Wald v. SARASOTA CTY. HEALTH FACILITIES, ETC.

360 So. 2d 763 · Supreme Court of Florida · Jun 15, 1978

The finding of the Legislature is determinative, and Defendant has failed to show that such determination was so clearly wrong as to be beyond the power of the Legislature. 247 So.2d at 309 . … Appellant here has similarly failed to establish that the legislative finding that the financing of public health facility improvements is in the public interest is "so clearly wrong as to be beyond the power of the Legislature

Florida Bar re: Amendment to Rules Regulating the Florida Bar

17 Fla. L. Weekly Supp. 556 · Supreme Court of Florida · Jul 23, 1992

Any fee in excess of 25% shall be presumed to be clearly excessive. … IMMUNITY RULE 10-10.1 GENERALLY The members of the standing committee and circuit committees, as well as staff persons and appointed voluntary counsel assisting those committees, shall have absolute immunity from civil liability

Halifax Hospital Medical Center, etc. v. State of Florida

Supreme Court of Florida · Apr 18, 2019

Specifically, section 163.01(9)(a) provides as follows: - 10 -  All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and … When drafting section 166.0495, the Legislature was clearly aware of the Interlocal Act, and yet, it perceived the need to create section 166.0495 to authorize extraterritorial operation of ordinary municipal functions

Citrus County Hospital Board, etc. v. Citrus Memorial Health Foundation, Inc., etc.

39 Fla. L. Weekly Supp. 697 · Supreme Court of Florida · Nov 13, 2014

the [L]egislature has, by general law, authorized entities of the state to enter into contract or to undertake those activities which, as a matter of practicality, require entering into contract, the [L]egislature has clearly … established to carry out private charitable activities.

Campbell v. State

571 So. 2d 415 · Supreme Court of Florida · Jun 14, 1990

State, 497 So.2d 863 (Fla. 1986) (although never qualified as an expert, police officer had working knowledge of blood detection testing). … Cf. id. at 337 (where "[t]he evidence clearly establishes that appellant had a substantial mental condition... . [t]he trial court erred" in rejecting impaired capacity as a mitigator).

State of Fla. Ex Rel Lanz v. Dowling

92 Fla. 848 · Supreme Court of Florida · Nov 8, 1926

The immunity from imprisonment for debt provision of our Constitution was not intended to shield from punishment those who violate the penal laws of the State, but was designed to relieve from punishment honest debtors who … The ease at bar is clearly distinguishable from these and other cases cited by plaintiff in error.

Cuervo v. State

967 So. 2d 155 · Supreme Court of Florida · Jul 12, 2007

We stated that these "twin rulings" in Owen and Almeida "establish an unmistakable bright line for law enforcement." Id. III. THIS CASE A. … None of the facts revealed in Cuervo's confession established elements of the crime that were not already established by the victim's testimony.

Biscayne Realty & Insurance v. Ostend Realty Co.

109 Fla. 1 · Supreme Court of Florida · Mar 11, 1933

If it were otherwise, then in one department of the law fraud would enjoy an immunity awarded to it in no other. The converse of that proposition is also true. … The supplemental bill set this situation up more clearly. Its allegations rested upon disclosures made by the testimony.