Case law

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.

Allstate Ins. Co. v. Kaklamanos

843 So. 2d 885 · Supreme Court of Florida · Apr 3, 2003

These cases illustrate that "clearly established law" can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law. … to have violated a clearly established principle of law."

State Ex Rel. Fulton v. Ives

123 Fla. 401 · Supreme Court of Florida · Mar 16, 1936

The Fourteenth Amendment to the Constitution of the United States forbids the States to make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, or deprive any person of life … If that right be stricken down or arbitrarily interfered with there is a substantial impairment of liberty in the long established constitutional sense.

Mercer v. State

40 Fla. 216 · Supreme Court of Florida · May 17, 1898

In order that there may be perfect confidence established between client and counsel, and upon considerations cf enlightened public policy, the rule has been established that the client may freely communicate to his counsel … They clearly state the propositions intended thereby to be conveyed to the minds of the jury, and contain nothing that is improper from a legal standpoint, or that was not warranted by the facts and circumstances of the case

Small v. Shure

94 So. 2d 371 · Supreme Court of Florida · Apr 10, 1957

Hackney: It was a qualified answer, that's why I didn't think she heard the question. *374 "The Court: All right. Do you want to answer it more fully? Go ahead. "Mr. Dunn: You may inquire." … The answer that defendant had made no repayments concluded that matter and the verified notes established the debt.

Williamson v. State

994 So. 2d 1000 · Supreme Court of Florida · Oct 8, 2008

Ofshe and questioned him about his qualifications, establishing that Dr. … Panoyan clearly could have tipped the scales in this tragic case. Dr. Ofshe's testimony undermines my confidence in the verdict.

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report

Supreme Court of Florida · Jan 9, 2020

The case plan must be written simply and clearly in English and the principal language of the parents, if possible. … (name(s))....., is clearly in the manifest best interests of the child(ren). The findings of fact and conclusions of law supporting this decision are as follows: 1.

RJ v. Humana of Florida, Inc.

20 Fla. L. Weekly Supp. 103 · Supreme Court of Florida · Mar 2, 1995

or adverse side effects would so qualify. … A few states have gone further by eliminating the injury requirement, thereby establishing negligent infliction of emotional distress as a freestanding tort.

Duest v. State

855 So. 2d 33 · Supreme Court of Florida · Jun 26, 2003

Wright was qualified as an expert witness, and advised that Mr. Pope had suffered twelve stab wounds, that Mr. … State, 706 So.2d 1328, 1333 (Fla.1998) (finding facts surrounding defendant's armed trespass of a conveyance qualified as a prior violent felony where testimony established he was "crouching behind the front seat of a woman's

In Re Rule of Criminal Procedure 3.851

626 So. 2d 198 · Supreme Court of Florida · Oct 21, 1993

The one-year period is clearly a reasonable time in which to commence postconviction relief proceedings. … I suggest that this is an illusory choice and, worse, it establishes a dangerous precedent.

State ex rel. Swearingen v. Railroad Commissioners

79 Fla. 526 · Supreme Court of Florida · Apr 19, 1920

Section 8 Article VIII of the State Constitution is as follows: “The Legislature shall have power to establish and to abolish municipalities; to provide for their government, to prescribe their jurisdiction and powers, and … If within that time a petition signed by at least twenty per cent, of the qualified voters of the city shall be filed with the Mayor requesting that the ordinance so passed be. submitted to a vote of the people, it shall

State v. Halifax Hospital District

159 So. 2d 231 · Supreme Court of Florida · Dec 18, 1963

The obligations to pay and the committed sources of revenue are so clearly inter-dependent that it is impossible to separate the one from the other. … Clearly this contention overlooks the established distinction between an "assessment for special benefit" and an "ad valorem tax." Appellee points to the decision in State ex rel. Ginsberg v.

McMullen v. State

714 So. 2d 368 · Supreme Court of Florida · Apr 9, 1998

As he pointed out to the court, this is clearly something within Your Honor's discretion to let in or not let in. … Key, 657 So.2d 1146 (Fla.1995), we examined section 90.702 and those provisions of the Florida Evidence Code dealing with expert testimony and declined to establish a per se rule excluding expert testimony on the subject

Milner v. Hatton

100 Fla. 210 · Supreme Court of Florida · Jul 22, 1930

This is followed by an entry to the effect that “the Senate thereupon determined that the evidence that said bill has been published in compliance with Section 21 of Article III of the constitution has been established in … special law is required hereunder when such local or special law contains a provision to the effect that the same shall not become operative or effective until the same has been ratified or approved by a majority of the qualified

Brim v. State

695 So. 2d 268 · Supreme Court of Florida · Jan 16, 1997

Mere numerical majority support or opposition by persons minimally qualified to state an authoritative opinion is of little value...." People v. … The answer is clearly no. We restate the relevant language from Frye : Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define.

State Ex Rel. Citizens Proposition for Tax Relief v. Firestone

386 So. 2d 561 · Supreme Court of Florida · Jul 25, 1980

It clearly establishes a right to propose by initiative petition a constitutional amendment which may be implemented without the aid of any legislative enactment. Gray v. Bryant, 125 So.2d 846 (Fla. 1960). … not a specific date), I perceive it to be the function of the secretary of state to establish that date consistent with orderly ballot preparation, provided the date established is not unreasonable.

Perkins v. State

576 So. 2d 1310 · Supreme Court of Florida · Mar 14, 1991

It found that the crime of trafficking in cocaine inherently involves a propensity to violence and thus qualifies as a "forcible felony"; therefore, a claim of self defense was not available to these defendants pursuant to … However, I agree with the majority that the state's construction is contrary to well-established rules of construction.

Griffin v. Societe Anonyme la Floridienne

53 Fla. 801 · Supreme Court of Florida · Jan 15, 1907

when it was originally prepared and sent to North Carolina to be executed by the complainants, and that the defendant company would not have accepted an assignment of the lease from Savary if it had not contained these qualifying … The burden of proof is upon the complainants to establish the facts which are relied on for reformation by clear and satisfactory evidence. Harrison v. Hartford Fine Ins. Co., 30 Fed. Rep. 862. In Whitney v.

County of Hillsborough v. Kensett

107 Fla. 237 · Supreme Court of Florida · Dec 21, 1931

This is not a suit to establish the validity of a married woman’s dedication of land without joinder of her husband. … The finding of facts by the chancellor warrants his decree which we do not feel warranted in disturbing as being clearly against the evidence.

Marek v. State

34 Fla. L. Weekly Supp. 461 · Supreme Court of Florida · Jul 16, 2009

In affirming Marek’s death sentence on direct appeal and denying Ma-rek’s challenge to his disparate sentence, this Court outlined the basis for its determination as follows: The evidence in this case clearly established … established.”).