Case law

State Ex Rel. Mason v. Rose

122 Fla. 413 · Supreme Court of Florida · Jan 22, 1936

In 1931, the Legislature adopted Chapter 14,832 of the Laws of Florida, establishing the State Racing Commission and prescribing its duties and powers. … That their action is subject to review as to its reasonableness, and as to whether such action is within their powers, has we think been clearly established by our previous decisions; and such official action is subject to

Wuornos v. State

644 So. 2d 1000 · Supreme Court of Florida · Sep 22, 1994

To that end, qualified experts certainly should be permitted to testify on the question, but the finder of fact is not necessarily required to accept the testimony. … The statute clearly is constitutional, Thompson v.

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.

Florida Board of Bar Examiners re Amendments to Rules of the Supreme Court Relating to Admissions to the Bar

32 Fla. L. Weekly Supp. 667 · Supreme Court of Florida · Oct 18, 2007

and Privilege. 1-71 Board and Employee Civil Immunity. … relating to the examination, character and fitness qualification, and licensing of persons seeking to be admitted to the practice of law. 1-72 Immunity and Privilege for Information.

North v. State

65 So. 2d 77 · Supreme Court of Florida · Oct 21, 1952

, if he is not qualified then it would be extremely difficult if not impossible to qualify a jury in most cases under our system." … The question is whether a proper tribunal was established, and not whether an improperly established tribunal acted fairly." (Italics supplied.) See also Texas Employers' Insurance Association v.

State Ex Rel. Garrison v. Reeve

104 Fla. 196 · Supreme Court of Florida · Feb 8, 1932

The definitions contained in the ordinance heretofore quoted show clearly the trade, science or profession which is sought to be controlled by this ordinance and these activities have to' do with the treatment of the person … the provisions of this ordinance which eliminate from its application certain persons already practicing the oeenpation or profession of beanty culturist at the time the ordinance was passed conferred a special privilege, immunity

Bedford Computer Corp. v. Graphic Press, Inc.

11 Fla. L. Weekly 87 · Supreme Court of Florida · Mar 6, 1986

The word "may" in the statute is clearly permissive, and I would disapprove those cases that hold to the contrary. … Likewise, here, Bedford was not qualified to do business in Florida and had no agent in Florida upon whom process could be served. I would approve the first district's holding in Day-Tona.

United States v. Stevens

994 So. 2d 1062 · Supreme Court of Florida · Oct 30, 2008

Of course, the ultimate outcome of this case and the law it develops will be determined by the actual facts of the case as established in the trial court. … Stevens should turn on the facts of the case, not on whether a particular defendant is immune from suit.

State v. Rou

366 So. 2d 385 · Supreme Court of Florida · Nov 9, 1978

Smith, Jr. by locating a public road adjacent to Smith's property, contrary to the established Marion County road program, and thereby enhancing the value of Smith's property. … To say that such decisions are criminal in nature is incredible and justifies the conclusion of many highly qualified citizens to refuse to serve in public office.

State v. Diaz

850 So. 2d 435 · Supreme Court of Florida · May 15, 2003

Permitting an officer to further detain and interrogate a motorist, after the officer is fully satisfied that the motorist has not committed a violation of the laws of the State of Florida, violates the precepts established … Prouse, 440 U.S. 648 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979), the United States Supreme Court recognized that the inspection of licenses and registration papers is the most effective way to ensure that only those qualified

Mann v. State

23 Fla. 610 · Supreme Court of Florida · Jun 15, 1887

But the decision in that case was founded on a statute of the State,.and would have been equally applicable to challenges by the prisoner, the court saying, “ we know of no law or established practice under the law which … other hand it does not seem to be contended that the opinions of witnesses can be received when the inquiry is into ■& subject-matter, the nature of which is not such as to ¡require any peculiar habits or study in order to qualify

Dugger v. Grant

610 So. 2d 428 · Supreme Court of Florida · Dec 10, 1992

The legislature, under section 944.277, has clearly established a policy of prohibiting the grant of provisional credits to any inmates who have been convicted of sexual offenses. See § 944.277(1)(c). … The implementation of the provisional credit scheme contained in section 944.277 creates a liberty interest in those who qualify for these provisional credits. Art. I, §§ 2, 9, Fla. Const.

Larzelere v. State

676 So. 2d 394 · Supreme Court of Florida · Jul 11, 1996

Two other witnesses, Kristen Palmieri and Steven Heidle, were given immunity and testified to a number of incriminating actions and statements made by the appellant and Jason regarding the murder. … Clearly, on this record the trial judge met the burden of assuring that appellant's waiver was made voluntarily, knowingly, and intelligently.

Evans v. State

838 So. 2d 1090 · Supreme Court of Florida · Nov 14, 2002

The statements at issue do not qualify under the excited utterance exception to the hearsay rule. … As to the murder charge, Evans argues that the State did not sufficiently establish premeditation.

State v. Law

559 So. 2d 187 · Supreme Court of Florida · Jul 27, 1989

The cause of death was established to be a subdural hematoma caused by blunt trauma to the head. … Reeves, an eminently qualified pathologist with substantial experience recognizing child injuries and child abuse, and Dr.

In Re Williamson's Estate

95 So. 2d 244 · Supreme Court of Florida · May 8, 1957

He qualified and on June 10, 1954, filed proof of publication of notice to creditors showing the first publication to have been made on May 13, 1954. … Although this case involves the converse of the situation now before us, it clearly supports the conclusion which we here reach.

Tornillo v. Miami Herald Publishing Company

287 So. 2d 78 · Supreme Court of Florida · Jul 18, 1973

The election of leaders of our government by a majority of the qualified electors is the fundamental precept upon which our system of government is based, and is an integral part of our nation's history. … However, the language of our opinion clearly defines what would constitute a wrongdoing.

Haber v. Nassitts

12 Fla. 589 · Supreme Court of Florida · Jul 1, 1868

This act was certainly within the letter of the statute, and it was as clearly not within its true meaning or intent. It did not come within the mischiefs for which the statute intended to provide a remedy. … It is doubted whether those terms in the old statute qualified the words “ removing his property beyond the limits of the State;” indeed, a correct construction of the sentence makes them qualify and limit only the terms

In Re Amendments to the Florida Probate Rules

16 Fla. L. Weekly Supp. 557 · Supreme Court of Florida · Aug 22, 1991

Rule 5.040(b) has been amended to more clearly define informal notice. 2. … Any guardianship established on or after October 1, 1989, must be in compliance with the Florida Guardianship Law as amended in 1989.

ADVISORY OPINION TO the ATTORNEY GENERAL Re RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE. Advisory Opinion to the Attorney General Re Rights of Electricity Consumers Regarding Solar Energy Choice (FIS)

188 So. 3d 822 · Supreme Court of Florida · Mar 31, 2016

This is clearly inaccurate as applied to provision b, relating to - 18 -  summary judgment. This provision has long been established in Florida. … This is clearly inaccurate as applied to provision b, relating to summary judgment. This provision has long been established in Florida.