Case law

Dudley v. State

545 So. 2d 857 · Supreme Court of Florida · Jun 15, 1989

On the other hand, in the sentencing phase the inadmissible evidence was the major evidence which established the aggravating circumstance that this crime was a clear, calculated, prearranged plan to kill the victim by Dudley … Clearly, Bennett's prior inconsistent statement did not qualify for admission as substantive evidence under section 90.801(2)(a).

McCreary v. State Ex Rel. Tyser

122 Fla. 494 · Supreme Court of Florida · Feb 7, 1936

We have quoted the parts of the ordinance as herein set forth because the provisions quoted show clearly that the ordinance is arbitrary, unreasonable and discriminatory. … ordinance No. 1200, while anyone who has resided in Dade County for a period of 12 months, be his character or reputation what it may, may enter the City of Miami and engage in any sort of lawful mercantile business and remain immune

Palmer v. State

106 Fla. 237 · Supreme Court of Florida · Jul 19, 1932

An acknowledgment of a subordinate fact, not directly involving guilt, or, in other words, not essential to the crime charged, is not a “confession,” because the supposed ground for rejecting confessions unless clearly shown … to be voluntary, is that a strong motive impels an accused to admit guilt as the price of purchasing immunity from punishment.

The Florida Bar v. Danielle Renee Watson

Supreme Court of Florida · Mar 13, 2025

In addition, “[t]o succeed in challenging a referee’s findings of fact, the challenging party must establish there is a lack of evidence in the record to support such findings or that the record clearly contradicts the … Those findings are not clearly erroneous.

Florida Bar

284 So. 2d 686 · Supreme Court of Florida · Oct 24, 1973

"Clearly the Congress did not intend that a lawyer admitted to practice before this Court might use this statute as a vehicle to remove to this Court disciplinary proceedings pending against him in a state court." … "The conclusion which we here reach takes cognizance of the proposition that a judge as a public official is neither sacrosanct nor immune to public criticism of his conduct in office.

Tampa Elec. Co. v. Garcia

767 So. 2d 428 · Supreme Court of Florida · Apr 20, 2000

The PSC points out that it specifically limited its decision to the facts of those qualified-facilities cases. Id. at 32. … I cannot concur in the majority's conclusion that the Florida Legislature has clearly prohibited the proposed action of the Commission.

Florida Bar v. Flinn

16 Fla. L. Weekly Supp. 169 · Supreme Court of Florida · Feb 7, 1991

Mitzner, it was established that Dr. Mitzner is a chiropractor and he never treated Edwin Bohannon. … Furthermore, the testimony of the following worker’s compensation judges clearly and convincingly establish Mr.

Florida Nat. Bank of Jacksonville v. Simpson

59 So. 2d 751 · Supreme Court of Florida · May 9, 1952

Furthermore, it was made to appear clearly that the tax assessor imposed the tax and the Board of Equalization approved it solely upon the direction of the Comptroller. … Indeed, when all the elements which go to establish "full cash value," including the factors listed in Root v.

Capehart v. State

583 So. 2d 1009 · Supreme Court of Florida · Jun 13, 1991

The record reveals that the state properly qualified Dr. … His letter indicated only a dissatisfaction with his counsel and the guilty verdict, and it clearly is addressed to the replacement of counsel.

Celotex Corp. v. Pickett

490 So. 2d 35 · Supreme Court of Florida · May 8, 1986

We affirmed the established rule in Florida that the correct standard in determining whether liability for punitive damages may properly be imposed, is the same for an individual "master" as for a corporate entity. 393 So … I find no justification whatever to punish any business entity vicariously for something that it clearly did not do and that it could have avoided through the use of another method of acquiring the business.

Jesse Guardado v. State of Florida Corrected Opinion

Supreme Court of Florida · Oct 29, 2015

Guardado argues that the failure to properly object to the striking of this qualified 7. Chandler v. … The record clearly shows that, after detailed inquiry, Mr. Tucker responded that his beliefs would substantially impair his ability to follow the law. Mr.

McCallum v. Driggs

35 Fla. 277 · Supreme Court of Florida · Jan 15, 1895

The question as to the admission of parol evidence to explain, limit or qualify bank endorsements of negotiable paper, is one of much difficulty, and about which there is much contrariety of opinion. … The counsel for appellant contend that the deed was relevant evidence because it would “show that Sammis did not convey what he received from Led with, the sheriff, and was relevant and important in establishing the failure

State v. Altman

106 So. 2d 401 · Supreme Court of Florida · Oct 31, 1958

Section 562.451, was challenged, among other reasons, on the ground that the Circuit Court does not have jurisdiction, since the Statutes fail to clearly make the crime with which the defendants are charged a felony. … "There could hardly have been any question about the officer being legally qualified to testify or determine from its taste and smell that the whiskey was in fact moonshine whiskey. "23 C.J.S.

Sims v. State

602 So. 2d 1253 · Supreme Court of Florida · Jun 11, 1992

We see no way this document could have established either that Gayle was at the scene of the instant crime or that he actually committed the murder. … This is not surprising, since it is clear that at least one and possibly all of the witnesses were exposed to drawings of the police's suspect in this case, Terry Melvin Sims, while under hypnosis. [2] The qualified expert

In re Florida Board of Bar Examiners for Amendment to Rules

323 So. 2d 553 · Supreme Court of Florida · Dec 4, 1975

. *554 Part III of the examination shall be clearly labeled as to subject matter.” 4. … Part I or Part III, he shall not be re-examined except by special permission of the Board upon good cause shown.” 10.Rule III, Section 22 of the Revised Rules and Regulations is amended to read: “Every applicant who is qualified

In Re AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE

40 Fla. L. Weekly Supp. 101 · Supreme Court of Florida · Feb 19, 2015

(3) Assessment by Qualified Evaluator. … The petitioner requests that the parents, if able, be ordered to pay fees for the care, support, and maintenance of the child(ren) as established by the department under chapter 39, Florida Statutes. 911.

Kentrell F. Johnson v. State of Florida

238 So. 3d 726 · Supreme Court of Florida · Mar 15, 2018

We affirm on appeal unless the trial court’s determination is “clearly erroneous.” Id. at 764-65. … Because the trial court’s evaluation was not clearly erroneous, we affirm the trial court’s finding. Melbourne, 679 So. 2d at 764-65.

Marshall v. Hollywood, Inc.

236 So. 2d 114 · Supreme Court of Florida · May 13, 1970

The Bar’s position is that petitioner’s interpretation of the Act and its effect is clearly erroneous. The Bar also presented arguments here and below regarding the constitutionality of the Act. … In this case, petitioner fails to qualify under any of the exceptions to the Act, and, therefore, petitioner’s claims are barred.

CCM Condominium Association, Inc., etc. v. Petri Positive Pest Control, Inc., etc.

Supreme Court of Florida · Sep 9, 2021

Because this Court’s precedent is not clearly erroneous, we decline to recede from the White formula. … Nichols by no means established or reaffirmed any precedent relevant to the issue in this case.

Murphy v. Murphy

125 Fla. 855 · Supreme Court of Florida · Oct 26, 1936

So where a testator clearly has in mind natural death and not death's legal equivalent, natural death, and not death's legal equivalent, should be deemed the contingency upon which *Page 895 the testator intended his will … So where a testator clearly has in mind natural death and not death's legal equivalent, natural death, and not death's legal equivalent, should be deemed the contingency upon which *Page 895 the testator intended his will