Case law

The Florida Bar v. Cox

794 So. 2d 1278 · Supreme Court of Florida · May 17, 2001

The defendant's fifth amendment immunity from double jeopardy precludes another trial and, therefore, requires the dismissal of the indictment. Id. at 1341-43 . … As very clearly noted in Florida Bar v.

Wooten v. State

24 Fla. 335 · Supreme Court of Florida · Jun 15, 1888

The meaning is that every citizen shall hold his life, liberty property and immunities under the protection of the general rules which govern society.” … It establishes a rule of evidence.

Montsdoca v. State

84 Fla. 82 · Supreme Court of Florida · Jul 3, 1922

Bishop there is clearly no foundation of principle for the exception. It is an excrescence on the law. 2 Bishop’s New Criminal Law 674-675. … The jury had the witnesses before them and had the opportunity of observing their conduct upon the stand and were doubtless better qualified to reconcile apparent inconsistencies in the evidence than we whose function it

Jennings v. State

123 So. 3d 1101 · Supreme Court of Florida · Jun 27, 2013

In light of the fact that there was other compelling evidence that clearly supports Jennings’ guilt and the CCP and avoid arrest aggravators, Jennings has not established prejudice so as to undermine our confidence in the … Again, however, Jennings has not established how this comment prejudiced his penalty-phase proceeding.

Douglas v. State

878 So. 2d 1246 · Supreme Court of Florida · May 6, 2004

The extent of his impairment was not established. … Rather, if anything, it clearly enlarges the eligible class in an irrational way. Id. at 14 (first emphasis supplied).

Hays' Administratrix v. McNealy

16 Fla. 409 · Supreme Court of Florida · Jan 15, 1878

V., Sec. 8,) that “ there shall be elected in each county of this State, by the qualified voters, an officer to be styled the judge of probate, to take probate of wills, to grant letters testamentary, of administration and … We are also clearly of the opinion that there is in the judge of probate no inherent original power of this character as to real estate, and this whether he is viewed strictly as an “officer ” invested with special powers

Knight v. State

338 So. 2d 201 · Supreme Court of Florida · Sep 30, 1976

Additionally we note that the record clearly shows that the trial judge was extremely liberal in excusing jurors for cause in order that an impartial trial would be secured. … Qualified jurors need not, however, be totally ignorant of the facts and issues involved.

Palm Beach Mobile Homes, Inc. v. Strong

300 So. 2d 881 · Supreme Court of Florida · Jul 10, 1974

"Constitutional guaranties have never been thought to be immune from regulation or limitation in the interest of the common good. When limited, the process has been evoluntary rather than spontaneous. … home dweller in addition to those established by law.

Mills v. State

10 Fla. L. Weekly 45 · Supreme Court of Florida · Jan 10, 1985

Mills made several comments to Lawhon clearly implying that he would be killed when they reached their destination. … Mills argues that the trial court clearly abused its discretion under the circumstances of this case. He relies upon Manning v.

American Optical Corp. v. Spiewak

73 So. 3d 120 · Supreme Court of Florida · Jul 8, 2011

The Fourth District concluded that case law from this Court and the Third District Court of Appeal clearly established that prior to the Act, emotional effects from contracting asbestosis were actionable under Florida law … Second, the claimant must establish that the defendant failed to conform to that duty. Id.

Upchurch v. Hunter

115 Fla. 593 · Supreme Court of Florida · Jun 23, 1934

They qualified and acted. … That this disposition of his estate is, under the circumstances proven clearly the intention of the said Elmer Lyons Hunter, deceased, as' shown by his Last Will and Testament. “5.

Brown v. State

18 Fla. 472 · Supreme Court of Florida · Jun 15, 1881

It would be clearly erroneous to say that a “ sane man is condudvely presumed to contemplate the consequences of his acts ” without the qualification that evidence of all the facts attending the act may be considered to remove … Those words must be held to qualify the entire sentence in which they are used.

City of Jacksonville v. Smoot

83 Fla. 575 · Supreme Court of Florida · May 10, 1922

Smoot is clearly set forth in the fifth count of the declaration as amended which is as follows: “5th. … The municipality of the City of Jacksonville was established by act of the Legislature in 1887, Chapter 3775.

Pattillo v. Glenn

150 Fla. 73 · Supreme Court of Florida · Mar 6, 1942

They qualified and acted as such. The widow *78 executrix and trustee died July 22, 1938, leaving Thomas K. Glenn, surviving trustee. The will of Margaret C. Hall, Widow of John T. … Hall established a trust fund consisting of one-half of testator’s estate.

State Ex Rel. McLeod v. Harvey

125 Fla. 742 · Supreme Court of Florida · Oct 13, 1936

Another well established rule is that all the taxing and licensing statutes' are to be given that construction which is most favorable to the taxpayer. … It would clearly be changing the essential character of our political institutions by converting a representative government into a pure democracy.

Dawson v. Saada

608 So. 2d 806 · Supreme Court of Florida · Nov 25, 1992

However, under this common-law approach tax titles were very difficult to establish, and the state was consequently hampered *809 in its ability to collect taxes. … Thus, as qualified by the above opinion, we answer the question as posed in the affirmative.

Hunter v. State

33 Fla. L. Weekly Supp. 721 · Supreme Court of Florida · Sep 25, 2008

Because we conclude that the circuit court correctly determined that Hunter’s claim was facially insufficient in several respects, we need not decide whether the evidence qualifies as newly discovered evidence. … Moreover, Howard testified that Hunter shot Cooley, and Pope gave testimony clearly implying as much.

Tanner & Delaney Engine Co. v. Hall & Mobley

22 Fla. 391 · Supreme Court of Florida · Jun 15, 1886

Shaw, 10 Mo., 274 , the word “justly,” preceding the word “ indebted,” was *397 held not to qualify or restrict it, and that its omission was not material; and in Oliver vs. Town, 28 Wis., 328 ; Durning vs. … Huger was clearly in keeping with the decision in 3 G.

Stewart v. State

35 Fla. L. Weekly Supp. 287 · Supreme Court of Florida · May 27, 2010

Sultan could have been qualified to screen Stewart for brain damage. … Finally, the record supports the postcon-viction court’s characterization of Stewart’s brain damage as “possible brain damage” rather than clearly established brain damage. Dr. Eisenstein and Dr.

Randall T. Deviney v. State of Florida

Supreme Court of Florida · May 6, 2021

Trotter is clearly erroneous. … Nor could such error qualify as per se reversible error.