Case law

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

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

State v. Powell

11 Fla. L. Weekly 557 · Supreme Court of Florida · Oct 30, 1986

We conclude that this record clearly establishes that this statute reasonably achieves the permissible legislative objective of providing sight to many of Florida's blind citizens. … Decisions of the United States Supreme Court have clearly established that the loss of a common law right by legislative act does not automatically operate as a deprivation of substantive due process.

Florida Bar re Amendment to the Florida Bar Code of Professional Responsibility

380 So. 2d 435 · Supreme Court of Florida · Feb 21, 1980

In January, 1941, the Supreme Court of Florida adopted “rule B— Ethics Governing Attorneys” which included Canon 27, promulgated by the ABA, which stated that the most effective advertisement was the establishment of a well … A lawyer who is not qualified under DR 2 — 105 and advertises particular areas or fields of law must be careful not to confuse laymen about his status and should avoid any implication that he is in fact qualified under DR

Anderson v. Northrop

30 Fla. 612 · Supreme Court of Florida · Jun 15, 1892

That she died in 1881, and at that time still retained in her possession a considerable portion of the real estate of her testator, and some little of the personalty in kind, besides some real estate that, it is clearly established … The proofs, we think, establish clearly the further facts that all the complainants and all of those in whose right they claim by inheritance were contin *640 nously non-residents of this State from the time of the death

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.

City of Miami v. McGrath

27 Fla. L. Weekly Supp. 667 · Supreme Court of Florida · Jul 11, 2002

A determination that a special law may allow a county to redirect the tax proceeds in a manner explicitly contrary to the general law which authorized the tax in the first place would clearly undercut the purposes of article … Therefore, the qualifying date of April 1, 1999, had already expired even before the time the legislation was passed and before the legislation became law.

TALLAHASSEE MEMORIAL MED. CTR., INC. v. Meeks

560 So. 2d 778 · Supreme Court of Florida · Mar 29, 1990

But for this statutory privilege, it would have clearly been admissible. Because of the privilege we find that it was error to refer to it for any purpose. … In this case the evidence which we now determine to have been improperly admitted was not introduced to establish a fact or to negate a fact.

In Re Interest on Trust Accounts, Etc.

356 So. 2d 799 · Supreme Court of Florida · Mar 16, 1978

and available to provide predictability in the establishment of legal benefit programs. … Clients' trust funds may be invested in savings accounts of qualified financial institutions, but not in U.S. government or other securities; 4.

Sammis v. James

31 Fla. 10 · Supreme Court of Florida · Jan 15, 1893

We are not to be understood to admit that the immunity against collateral attack which the judgment sued upon enjoys in the second jurisdiction, includes exemption from assault where, although jurisdiction of the person has … But one exception to this rule has been recognized by this court, and that is when an instruction has been given which is clearly irrelevant and calculated to mislead the jury. J., T. & K. W. Ry. Co. vs.

Duke v. State

137 Fla. 513 · Supreme Court of Florida · Apr 11, 1939

This distinction should be clearly observed and the allegations of an information or indictment on this point should be clear and distinct and free from ambiguity. This information is not subject to attacks made. … It is also settled law here that where an instruction, as far as it goes, states a correct proposition of law, but is defective because it fails to qualify or explain the proposition it lays down in consonance with the facts

Banks v. State

35 Fla. L. Weekly Supp. 313 · Supreme Court of Florida · Jun 3, 2010

BACKGROUND As the trial court accurately explained in its sentencing order, the evidence presented at trial established the following regarding the murder of Linda Volum: During the late evening hours of March 9 or the early … During a sidebar conversation, the State explained that it did not plan to have its expert testify regarding population frequency statistics and that if it did so it would establish the proper foundation.

Tampa Shipbuilding & Engineering Co. v. City of Tampa

102 Fla. 549 · Supreme Court of Florida · Jul 27, 1931

The declaration shows clearly upon its face that the real purpose and effect of the contract was to remit the municipal taxes on the property described in the declaration and in the contract for a period of fifteen (15) years … It is given no authority to say that a given parcel of land shall never be taken as a highway, nor has it authority to agree that some or all lands which would be benefited by the establishment of a highway shall have immunity

Joopanenko v. Gavagan

67 So. 2d 434 · Supreme Court of Florida · Oct 6, 1953

While it is true that these statements were apparently made at a meeting of the religious group involved, and hence may have enjoyed a measure of qualified privilege, the allegations of the complaint are further that after … Without deciding the question of whether or not the charge made constituted a crime, the public policy of this State with reference to Communism is clearly established by F.S. Chapter 876, F.S.A. In the case of State v.

Florida State Turnpike Authority v. Anhoco Corp.

116 So. 2d 8 · Supreme Court of Florida · Nov 6, 1959

the taking of the land in dispute and procedure outlined by the chancellor for assessing them. *14 Elements of damage predicated upon tortious seizure were not, said the court, compensable because the Road Department is "immune … Other portions of the act, notably Sections 338.01 and 338.02, clearly contemplate establishing limited access facilities in existing highways and I find no requirement in the statute or elsewhere that, before doing so, the

Lewis v. Gaillard

61 Fla. 819 · Supreme Court of Florida · Jan 15, 1911

If, however, he should not qualify, then the investment may be changed by the officers controlling the institution. … The court holds that the legal title to the property is in the testator’s heirs subject to the bequest and to the right to change the investments; and that The Florida State College for Women now established at the place

State v. Florida Development Finance Corp.

650 So. 2d 14 · Supreme Court of Florida · Feb 9, 1995

In accord with the instruction provided in the enabling statute, the three bodies produced an agreement establishing the following funding scheme. … Here, the legislature has clearly delineated the public purpose served by the bonds. See § 288.9602, Fla. Stat.

Davis v. State

44 Fla. 32 · Supreme Court of Florida · Jan 15, 1902

Anderson was not qualified to testify as an expert on the subject of insanii.v. and may he considered together. … We can not see that the rulings were clearly erroneous, and these assignments of error are therefore not well taken. VI.

Bailey v. State

319 So. 2d 22 · Supreme Court of Florida · Jun 11, 1975

There was a notice of hearing by defendant of all pending motions but the record does not clearly reflect whether there was any mention of the motion at the time noticed for such hearing. … Mere conclusions of an officer are insufficient to establish a valid consent. Officers are not qualified to make such a conclusion.

Grimsley v. Rosenberg

94 Fla. 673 · Supreme Court of Florida · Oct 19, 1927

The guardian ad litem was not appointed until February 3rd, 1925, and on the same day he qualified by taking the oath, and filed an answer on behalf of said minor defendants stating: "that he has carefully examined the files … There is clearly no occasion for the appointment of an examiner to take testimony upon the pleadings until an issue is presented, and in the instant case no issue was presented on behalf of the minor defendants until the