Case law

Board of Public Instruction v. Feller

219 So. 2d 737 · District Court of Appeal of Florida · Feb 25, 1969

This statute clearly established a minimum time which a school board may recognize in administering the state program of education and specifically provides that the *740 local board has the authority to establish a different … In other words, it establishes a floor, or minimum for considering years of service by a school teacher but authorizes a local school board to establish a different minimum.

Kramer v. Palm Beach County

978 So. 2d 836 · District Court of Appeal of Florida · Mar 31, 2008

Because we agree that the JCC applied the incorrect standard during her analysis of whether Claimant's injury qualified as a "special hazard," we reverse. … Toyota clearly implies that alternative routes are acceptable as long as they are "usual or expected." Id.

In Re Estate of Mindlin

571 So. 2d 90 · District Court of Appeal of Florida · Dec 14, 1990

It is well established that a testator has the right to name the person who shall administer his estate provided such person is not disqualified by law. In re Kenton's Estate v. … There was no evidence presented that the appellant was not qualified for appointment as personal representative, nor was there any evidence of unforeseen circumstances which would have affected the testator's decision.

Anderson v. Department of Health & Rehabilitative Services

11 Fla. L. Weekly 608 · District Court of Appeal of Florida · Mar 11, 1986

The words “such standards for screening shall also insure that the person has not been” must qualify the three phrases in order to establish the concept of a negative finding regarding abuse under chapter 39, reports of abuse … Certainly that report qualifies as an “indicated report of abuse” within the meaning of sections 415.503 through 505.

Meli Inv. Corp. v. Or

621 So. 2d 676 · District Court of Appeal of Florida · Jul 6, 1993

The tenants counterclaimed for wrongful eviction, harassment, and discrimination on the basis of acquired immune deficiency syndrome (AIDS), pursuant to section 760.50, Florida Statutes (1991). … However, the landlord's complaint clearly raised landlord/tenant breach of contract issues, thus falling squarely into Quanstrom's category 2.

Scott v. Sims

874 So. 2d 21 · District Court of Appeal of Florida · Apr 28, 2004

Nevertheless, Frye further observed that if liability is not clearly established, "an inadequate damage award may be the result of a jury compromise, requiring a new trial on all issues." Id. at 984-85 . … Moreover, the facts in Frye are clearly distinguishable from those at bar.

State Farm Florida Insurance Co. v. Puig

62 So. 3d 23 · District Court of Appeal of Florida · Mar 23, 2011

In December 2006, the Puigs commenced an action for declaratory judgment seeking to establish entitlement to a larger payout. … First, they have different sources — work product immunity is governed by rule and is designed to facilitate litigation.

Best Western Tivoli Inn v. Department of Transportation

448 So. 2d 1052 · District Court of Appeal of Florida · Mar 13, 1984

Does DOT have the authority to review and determine whether a validly adopted commercial zoning ordinance is sufficient to establish an exception to the general prohibition of signs along interstate highways? 2. … On the other hand, DOT argues that its interpretation of the rule is clearly in accordance with the intent of state and feder *1055 al law regarding outdoor advertising signs along interstate highways and, accordingly, should

N.W. v. Department of Children & Families

184 So. 3d 1179 · District Court of Appeal of Florida · Dec 18, 2015

Halligan, 344 So. 2d at 243 (holding that immunity from tort claims effectuated a substantive change in worker's compensation statute and observing that "[b]urden of proof requirements are procedural in nature . . . . … The nexus requirement that the 2014 amendment eliminates clearly refers to a substantive element of a claim.

Jenks v. State

582 So. 2d 676 · District Court of Appeal of Florida · Jun 13, 1991

Kenneth Jenks inherited hemophilia from his mother, and contracted the acquired immune deficiency syndrome (AIDS) virus from a blood transfusion in 1980. He unknowingly passed it to his wife, Barbara Jenks. Mrs. … Subsection (1)(d), however, clearly indicates that Schedule I substances may be subject to limited medical uses.

Progressive Am. Ins. Co. v. SHL Enters., LLC

264 So. 3d 1013 · District Court of Appeal of Florida · Oct 31, 2018

the issue did not mean that the county court's order did not depart from a clearly established principle of law. … Certiorari may only be granted "when there has been a violation of [a] clearly established principle of law resulting in a miscarriage of justice."

Dream Boat, Inc. v. Department of Revenue

921 So. 2d 1 · District Court of Appeal of Florida · Mar 27, 2003

Clearly, Appellant exercises power over the slot machines in Florida. 2 Accordingly, DOR properly determined Appellant’s rental of the slot machines to the cruise operators was subject to taxation. … Because the record in this case establishes only that the vessels left Florida’s territorial waters, we need not determine the exact location of Florida’s boundaries in relation to the cruise routes in this case. Cf.

Dows v. Nike, Inc.

846 So. 2d 595 · District Court of Appeal of Florida · May 7, 2003

The mediation agreement established a three-tiered settlement structure that was dependent upon an independent examining physician's opinions on the nature and prognosis of the injury. … It also clearly evinced the parties' intent to take further action prior to completing the binding agreement. As such, there was clearly no enforceable settlement at the time of mediation.

Poleyeff v. City of Miami Beach

818 So. 2d 672 · District Court of Appeal of Florida · Jun 12, 2002

On appeal, the City concedes that it is not entitled to sovereign immunity. … This argument is contrary to clearly controlling Florida Supreme Court precedent.

Cagle v. St. Johns County School District

939 So. 2d 1085 · District Court of Appeal of Florida · Sep 1, 2006

Cagle's amended charge failed to establish a prima facie violation of the unfair labor practice laws and summarily dismissed it. … If the agency's interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed. See Novick v.

Wright v. Florida Department of Highway Safety & Motor Vehicles

13 Fla. L. Weekly 1893 · District Court of Appeal of Florida · Aug 11, 1988

SLINGERLAND: I’m attempting to qualify him as an expert in the detection of marijuana by sight or smell. … As the party having the burden of establishing error on appeal, appellant clearly assumed the risk that his efforts in this court to elevate a factual ambiguity to the level of a constitutional defense would be resolved against

Krivanek v. Take Back Tampa Political Committee

603 So. 2d 528 · District Court of Appeal of Florida · Jul 1, 1992

Another distinction is that many of those whose names the Supervisor rejected were clearly intended by the city government to be included in the petition process. … The legislature has, however, clearly expressed its intention that a qualified elector remains "qualified" for three years before the qualification is definitively lost because it is only after that three-year period has

Hartzog v. State

133 So. 3d 570 · District Court of Appeal of Florida · Feb 17, 2014

mental disorder, and to support the commitment of a person who does suffer from a qualifying mental disorder. … five-year-old evaluations and 2008 reports relied upon by the psychologists were legally sufficient to prove clearly and convincingly appellant’s mental status at the time of his 2013 trial.

Foulk v. Florida Real Estate Commission

113 So. 2d 714 · District Court of Appeal of Florida · Jul 10, 1959

Subsection (2) of 475.01 brings the business of appraisement for another for compensation or valuable consideration within the operation of Chapter 475, establishes that business as a specialization within the real estate … This subsection clearly states that the *718 definition of one who shall be deemed and held to be a real estate broker or a real estate salesman includes, with certain exceptions, every person who shall "appraise, * * * or

Miami Herald Publishing Co. v. Ane

423 So. 2d 376 · District Court of Appeal of Florida · Oct 12, 1982

Rhodes, 38 Fla. 240 , 21 So.2d 109 (1897), is an early defamation case on qualified privilege; neither case adopts or even discusses a Rosenbloom rule. … An additional advantage of this standard is its certainty — reports on matters of public concern would be protected and therefore could be published with relative immunity while individuals, whether public or private, would