Case law

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.

State v. Daniel

665 So. 2d 1040 · Supreme Court of Florida · Sep 28, 1995

In that vein, we begin by noting that Sergeant Deal clearly was legally authorized to make the stop in question. … Based on our analysis above, we must answer the certified question with a qualified affirmative.

Epperson v. Epperson

101 So. 2d 367 · Supreme Court of Florida · Feb 14, 1958

For the guidance of the Chancellor and the parties we announce certain considerations suggested by this record which under established precedents should enter into a determination of the rights of the parties. … This view is, of course, grounded on the assumption that a further hearing reveals that the father continues to be qualified, and the general welfare of the boys otherwise justifies the modification.

Holland v. Fort Pierce Financing & Construction Co.

157 Fla. 649 · Supreme Court of Florida · Jun 25, 1946

Filling in is the proprietary use of the submerged land that is contemplated by the statute in making the qualified grant. … Clearly the use by appellee of the port and its lawfully developed property does not constitute a monopoly of the port.

Calloway v. State

189 So. 2d 617 · Supreme Court of Florida · Jul 13, 1966

There seems to have been abundant evidence of the location and nature of the wounds and the identity of the deceased was thoroughly established. … Clearly it was the duty of the trial judge to determine this fact and to rule upon it and, in the light of practicalities, to do so as early as possible.

Covington v. State

145 Fla. 680 · Supreme Court of Florida · Jan 24, 1941

Bad spelling or faulty grammar will not vitiate the verdict of a jury if the intention is clearly manifest from the language employed. See Morris v. State, 54 Fla. 80 , 45 So. 456 ; 14 Ann. Cas. 285; Sawyer v. … It is true that the State failed to establish a motive for the shooting, but the verdict of manslaughter removed this element from our consideration.

State Ex Rel. Hathaway v. Williams

149 Fla. 48 · Supreme Court of Florida · Dec 15, 1941

, the Florida Industrial Commission promulgated Regulation Number 6, as follows: “In order to assure an effective and economical administration of the Unemployment compensation Law, and provide equal opportunity for all qualified … The letters of February 26 and March 13, 1941, notifying petitioner of the termination of his tenure show clearly that such was the understanding of the Governor as they recite that the termination was for “inefficient operation

State Ex Rel. Lawson v. Woodruff

134 Fla. 437 · Supreme Court of Florida · Oct 21, 1938

Article XIV of the Amendments to the Federal Constitution contains the following: “* * * No- State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall … considered with the license tax of $75.00 imposed on retail peddlers, is not So arbitrary and excessive as to amount to a denial to the former of the equal protection of the laws, the wholesale peddler’s license tax is clearly

Floyd v. State

11 Fla. L. Weekly 594 · Supreme Court of Florida · Nov 20, 1986

The second issue raised by Floyd concerns death qualified juries and has been resolved by this Court in Kennedy v. Wainwright, 483 So.2d 424 (Fla. 1986), and by the Supreme Court in Lockhart v. … Moreover, the trial court neglected to instruct the jury that: If one or more aggravating circumstances are established, you should consider all the evidence tending to establish one or more mitigating circumstances and give

Shere v. State

742 So. 2d 215 · Supreme Court of Florida · Jun 24, 1999

It provided in relevant part: The record of the trial and the testimony presented during the evidentiary hearing clearly establish that the decision to offer evidence of the codefendant's admissions regarding his own involvement … Shere also alleges that trial counsel was ineffective because through greater due diligence, counsel could have established that the CCP aggravator was not established beyond a reasonable doubt.

In Re: Graham Estate

156 Fla. 421 · Supreme Court of Florida · Oct 5, 1945

That opinion establishes the law on this phase of this case. … Graham's Estate it seemed axiomatic that exposure to false and fraudulent claims was of no more benefit than exposure to contagious disease, and that establishment of immunity did not alter the principle, and he denied the

Mobley v. Jack & Son Plumbing

170 So. 2d 41 · Supreme Court of Florida · Nov 4, 1964

Thus, we have diametrically opposed opinions from two, apparently, well-qualified doctors. Clearly, however, the deputy rejected the testimony of Dr. Baird, and accepted the theory advanced by Dr. Reinherz. … The instant case is clearly controlled by our decision in Kashin v. Food Fair, Inc., supra.

Les Krol v. FCA US, LLC

Supreme Court of Florida · Feb 18, 2021

This case thus comes down to whether, for purposes of the FTC’s single document rule, a binding arbitration agreement qualifies as an “informal dispute settlement mechanism elected by the warrantor in compliance with part … To achieve this purpose, the Federal Trade Commission (FTC) promulgated the “single document rule” to establish “minimum uniformity in warranty disclosures . . .

In Re Amendments to the Fl. Probate Rules

32 Fla. L. Weekly Supp. 505 · Supreme Court of Florida · Jul 12, 2007

Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. … For the purpose of determining deadlines established by reference to the date of service of a copy of the notice of administration in cases in which service has been waived, service on a person who has waived notice shall

Kearse v. State

969 So. 2d 976 · Supreme Court of Florida · Aug 30, 2007

Lipman was not qualified to testify regarding his consultations with other experts about Kearse's psychological testing. … Accordingly, Kearse has not established that the motion for co-counsel would have been found meritorious on direct appeal and thus has failed to establish ineffective assistance of appellate counsel. B.

Metro-Dade Fire Rescue Serv. Dist. v. Metropolitan Dade County

18 Fla. L. Weekly Supp. 230 · Supreme Court of Florida · Apr 8, 1993

(b) Each member shall be a qualified elector of Dade County residing within the district. … Clearly subsections (c) and (d) and first clause of (e) do not infringe on the Fire Board's powers to govern the district.

City of Tallahassee, Florida v. Florida Police Benevolent Association, Inc.

Supreme Court of Florida · Nov 30, 2023

But to “locate” a person is to “establish [that he or she is] in a certain place.” … But for the reasons we have articulated, there is no textual basis in Marsy’s Law for the idea that victims’ names are categorically immune from disclosure.

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report

235 So. 3d 322 · Supreme Court of Florida · Feb 1, 2018

The case plan must be written simply and clearly in English and the principal language of the young adult. … was ..... was not determined to qualify as indigent and ..... was ..... was not appointed an attorney. 6.

Thompson v. State

887 So. 2d 1260 · Supreme Court of Florida · Nov 10, 2004

However, as the First District opined, while "[t]he current statute sets forth three methods of establishing `knowledge,'... … This case clearly involves a garden-variety issue of statutory construction which happens to be presented in postconviction.

Rodriguez v. State

609 So. 2d 493 · Supreme Court of Florida · Oct 8, 1992

State, 489 So.2d 1238 (Fla. 3d DCA 1986) (discovery deposition that qualifies as a hearsay exception under section 90.804(2)(a) is not admissible as substantive evidence unless it qualifies for such admission under the criminal … As the State concedes, the prosecutor's reference to the fact that the defendant appeared to be sleeping during closing argument was clearly improper.