Case law

State of Florida v. Lawrence Andrew Ingram

40 Fla. L. Weekly Supp. 402 · Supreme Court of Florida · Jul 2, 2015

Instead, this subsection establishes the criminal penalty for wrongfully disclosing information exempt from public disclosure to persons not entitled to it. … P. 3.852(k)(1) (limiting the scope of capital postconviction public records production to records that are not privileged or statutorily immune from production).

In re Supplemental Petition for Changes in the Florida Rules of Probate & Guardianship Procedure

344 So. 2d 828 · Supreme Court of Florida · Mar 31, 1977

ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL (a) The establishment and probate of a lost or destroyed will shall be in one proceeding. … Establishes the requirements of a petition for family administration. 1977 Revision: Unchanged. RULE 5.530.

Florida Board of Bar Examiners Re Question as to Whether Undocumented Immigrants Are Eligible for Admission to the Florida Bar

134 So. 3d 432 · Supreme Court of Florida · Mar 6, 2014

In the present case, the issue is not the admission of a particular applicant, it is a request for an advisory opinion regarding a clearly stated question. … Further, “past decisions of the United States Supreme Court clearly establish that the federal government generally has ‘plenary authority’ over matters relating to immigration . . . and that provisions of federal law relating

State v. Reedy Creek Improvement District

216 So. 2d 202 · Supreme Court of Florida · Nov 27, 1968

Chapter 67-764, Laws of Florida, Special Acts 1967, provides for the establishment, powers and functions of the Reedy Creek Improvement District. … While it is the duty of the courts to strike down an act which clearly offends the above cited constitutional requirement, it is a well settled principle that courts should refuse to declare an act void as violative of this

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.

In re Amendments to the Rules Regulating the Florida Bar—Subchapters 6-25 & 6-26

31 Fla. L. Weekly Supp. 495 · Supreme Court of Florida · Jul 6, 2006

Applicants are encouraged to identify cases involving state or federal constitutional or statutory matters, state or federal regulations, ethics, open government, public records, or sovereign immunity. … of establishment of the number of hours allocable to any of the above-listed subdivisions.

US SEC. Ins. Co. v. Cimino

754 So. 2d 697 · Supreme Court of Florida · Mar 9, 2000

See Cimino, 715 So.2d at 1094 (reasoning that when a PIP examination is necessary, the relationship is clearly adversarial and finding the presence of a third party not precluded under the statute or contract). … It is well established that Florida follows a liberal view when determining whether attorneys may attend examinations. [4] See *701 Bartell v. McCarrick, 498 So.2d 1378 (Fla. 4th DCA 1986).

Oates v. New York Life Insurance

116 Fla. 253 · Supreme Court of Florida · Feb 7, 1934

established. … 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 Rules of Probate & Guardianship Procedure

324 So. 2d 38 · Supreme Court of Florida · Dec 17, 1975

PROPOSED RULE RULE 5.310, DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION Any personal representative who was improperly qualified or who becomes dis *55 qualified to act after his appointment shall immediately … ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL (a) The establishment and probate of a lost or destroyed will shall be in one proceeding.

Haines City Community Dev. v. Heggs

658 So. 2d 523 · Supreme Court of Florida · Jul 6, 1995

We emphasized that there must be "a violation of a clearly established principle of law resulting in a miscarriage of justice." … While some pretrial evidentiary rulings may qualify for certiorari, it must be remembered that the extraordinary writ is reserved for those situations where "there has been a violation of a clearly established principle of

State v. Hudson

698 So. 2d 831 · Supreme Court of Florida · Aug 28, 1997

written plea agreement whereby the State would nolle prosequi the aggravated battery and grand theft charges and Hudson agreed to plead guilty to armed robbery in exchange for a twelve-year sentence should he be found to qualify … Clearly a court has discretion to choose whether a defendant will be sentenced as an habitual felony offender.

Amendments Regulating Bar-Advertising

762 So. 2d 392 · Supreme Court of Florida · Dec 17, 1999

Letters of solicitation and their envelopes should must be clearly marked "advertisement." … to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to act as a lawyer in this state ... shall be guilty of a misdemeanor of

Stokes v. Liberty Mutual Insurance Company

213 So. 2d 695 · Supreme Court of Florida · Jul 10, 1968

Moore, supra, reminds us that since the statute is remedial in nature it should be construed so as to afford the remedy clearly intended. … The Stokes, rather, insist that a fetus qualifies as a "minor child" under § 768.03. Some aspects of our instant problem should be recalled.

State Ex Rel. Norris v. Chancey

129 Fla. 194 · Supreme Court of Florida · Sep 3, 1937

In the selection of employees said Civil Service Board shall give preference among qualified applicants to residents of the City of Tampa. … Nor is it made clearly to appear in whom the actual authority to appoint and remove officers and employees of the city is vested. It does not even clearly appear that the Mayor is vested with that authority.

State v. State Racing Commission

112 So. 2d 825 · Supreme Court of Florida · Apr 3, 1959

In interpreting the effect of a proviso it should be remembered that the purpose of a proviso is to either except something from the enacting clause or to qualify or restrain its generality, or to exclude some possible ground … Before leaving the field of distance requirements we do not believe it amiss to suggest that those who desire a uniform distance requirement which would be applicable to all "pari-mutuel" establishments without regard to

Council of Chipley v. State of Florida

108 Fla. 163 · Supreme Court of Florida · Jan 31, 1933

Thompson, supra, we said: “As the legal right of the relator to the writ does not clearly appear on the face of the pleadings on which the writ was ordered and as questions involved should be adjudicated in other appropriate … I cannot', however, believe that they can maintain an action therefor while other parties occupy their places, have qualified as policemen, and are recognized by the city government as such.

Amendments to Rules of Jud. Admin.-Reorg.

939 So. 2d 966 · Supreme Court of Florida · Sep 21, 2006

The plan shall ensure that all court reporting services are provided by qualified persons. … qualified pursuant to the Rules for Certification and Regulation of Court Interpreters.

Liberty Counsel v. Florida Bar Board of Governors

34 Fla. L. Weekly Supp. 347 · Supreme Court of Florida · Jun 4, 2009

This Court noted that the Bar carries the burden of proof in establishing the propriety of its lobbying activities and rejected the Bar’s position. Id. at 1296 . … The lobbying positions concerned the following: expansion of the program for women, infants, and children; extension of Medicaid coverage for pregnant women; full immunization for children; establishing children's services

Noa v. United Gas Pipeline Company

305 So. 2d 182 · Supreme Court of Florida · Nov 7, 1974

Gates (Fla.App. 1963), 151 So.2d 838 , which established the rule that the court has the sole prerogative to make the legal determination of the application of an ordinance, rule, or regulation. … These were factual questions which a "highly qualified" expert engineer in gas line distribution technology could properly testify about.

In re Amendments to the Florida Rules of Juvenile Procedure

38 Fla. L. Weekly Supp. 337 · Supreme Court of Florida · May 23, 2013

consent for and to obtain ordinary and necessary medical and dental treatment and examination for the above child(ren) including blood testing deemed medically appropriate, and necessary preventive care, including ordinary immunizations … shall have the right to authorize for the children) any emergency medical treatment and any ordinary and necessary medical and dental examinations and treatment, including blood testing, preventive care including ordinary immunizations