Case law

TS v. Department of Children and Families

969 So. 2d 494 · District Court of Appeal of Florida · Nov 20, 2007

On appeal, a finding of clear and convincing evidence is presumed to be correct and will not be overturned unless it lacks evidentiary support or is clearly erroneous. See id. … The qualifying phrase "while being able" excludes involuntary abandonment. See P.S. v. State, 384 So.2d 656 (Fla. 5th DCA 1980).

Scherer v. Volusia County Department of Corrections

171 So. 3d 135 · District Court of Appeal of Florida · Jul 7, 2015

Second, if such an intent is clearly expressed, the Court must determine whether retroactive application would violate any constitutional principles. Id. at 877 . … We reasoned that the amendment “changed only the procedure of establishing entitlement to workers’ compensation benefits.

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."

Adoption Hot Line, Inc. v. ST. ETC.

385 So. 2d 682 · District Court of Appeal of Florida · Jun 10, 1980

It is well established that when a permanent injunctive proceeding would move too deliberately to provide necessary relief, the court may properly grant a temporary injunction, the function of which is to preserve the status … A temporary injunction is clearly not conclusive; its provisions may be merged in, or dissolved by, the final decree, North Dade Water Co. v.

Ward v. State

328 So. 2d 260 · District Court of Appeal of Florida · Mar 11, 1976

Among the substantial benefits to the accused of a jury drawn from the "vicinage" was a trial where the accused "was surrounded by the influences of a good character if he had established one, and where the witnesses were … way so as to make it to clearly appear that it is practically impossible to obtain an impartial jury to try the accused *263 in that county."

Cabrera v. State

766 So. 2d 1131 · District Court of Appeal of Florida · Aug 23, 2000

Nevertheless, "patently unreasonable" decisions, although characterized as tactical, are not immune. See *1134 Roesch v. State, 627 So.2d 57 , 58 n. 3 (Fla. 2d DCA 1993). … Clearly there were problems with the defense based on the facts in this case. To some extent, a jury is a wild card and there is a tremendous "lack of predictability as to what a jury in a given case will do."

State, Department of Highway Safety & Motor Vehicles v. Walsh

204 So. 3d 169 · District Court of Appeal of Florida · Nov 28, 2016

established principle of law resulting in a miscarriage of justice, even if the circuit court decision was based on precedent from another district.” … Co., 947 So.2d 1265, 1267 (Fla. 5th DCA 2007) (“We agree that the circuit court’s decision affirming the judgment in favor of Mercury violated clearly established principles of Florida law resulting in a miscarriage of justice

Town of Jupiter v. Byrd Family Trust

134 So. 3d 1098 · District Court of Appeal of Florida · Jan 29, 2014

Review is limited to whether the circuit court afforded procedural due process and whether it departed from a clearly established principle of law in such a way as to cause a miscarriage of justice. Id. … For the purpose of second-tier certiora-ri, the circuit court cannot be said to have departed from a clearly established principle of law when it failed to consider or apply a point not raised in the briefs.

Town of Ponce Inlet v. Pacetta, LLC

63 So. 3d 840 · District Court of Appeal of Florida · May 20, 2011

it had designated the land to be used for its stated purpose because it had not yet applied to the Town for permits to construct the development; and, third, that a mixed-use development cannot qualify as a “parcel of land … This language clearly contemplates consideration of a planned future use of *842 the property, does not require that the owner file applications as a prerequisite to establishing its intended use of the property, 4 and in

J.W.B. v. State

419 So. 2d 407 · District Court of Appeal of Florida · Sep 17, 1982

Such underlying facts were not among those presented to the trial judge to establish appellant’s guilt. All we know from the record is that appellant threw an orange at a school bus. … It was error for the trial judge to find that the throwing of the orange clearly would have produced death or great bodily harm. Accordingly, we REVERSE the order which adjudicated appellant to be delinquent. HOBSON, A.

Walker v. DEPT. OF HEALTH & REHAB. SERVS., DIST. I, ESCAMBIA CTY.

533 So. 2d 836 · District Court of Appeal of Florida · Oct 19, 1988

If an individual is to qualify for MNP benefits he or she must be aged, blind, or disabled. Walker attempted to qualify for the benefits pursuant to the disability criteria. … Moreover, we note that in contrast to the hearings officer's conclusion, there is a disability opinion of record by one of appellant's treating physicians clearly establishing that appellant does not have the residual functional

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.

CALVIN SCOTT MCDONALD v. STATE OF FLORIDA

264 So. 3d 202 · District Court of Appeal of Florida · Feb 13, 2019

The court nonetheless concluded that because the evidence in both trials established that the object the defendant used during the robberies was, if not a firearm, a replica of a firearm which the juries clearly found to … Because the evidence presented at trial established that, if not a firearm, the object Appellant used during the robbery and attempted robbery was a BB gun which the jury clearly found to be a weapon, the evidence is sufficient

McKenzie Tank Lines, Inc. v. Roman

645 So. 2d 547 · District Court of Appeal of Florida · Nov 16, 1994

Roman was qualified for unemployment compensation benefits. We affirm. … Clearly, the lab test report, standing alone, is hearsay. Williams v. State, 553 So.2d 365, 366 (Fla. 5th DCA 1989).

State v. Diamond

553 So. 2d 1185 · District Court of Appeal of Florida · Dec 28, 1989

In so doing, the panel would run roughshod over clearly established Florida Supreme Court precedent, the Florida Rules of Criminal Procedure, and the rights of victims. … As a qualified expert, Dr.

Johnny L. Sadler, Jr. v. State of Florida

141 So. 3d 1266 · District Court of Appeal of Florida · Jul 30, 2014

This court concluded that, as the predicate conviction was not vacated until December 21, 2000, the Maryland court opinion and order are “clearly newly discovered facts.” Id. … Further, the appellant has established that the withdrawal of his plea is necessary to correct a manifest injustice.

Justice Administrative Commission v. Lenamon

19 So. 3d 1158 · District Court of Appeal of Florida · Oct 16, 2009

Lenamon is qualified to handle cases in which the State seeks the death penalty. … References to the “current” rate freeze and the current economic hardships clearly indicated that the rate was to go into [e]ffect after the rate freeze was lifted. We disagree. Mr.

B.J.M. v. State, Department of Health & Rehabilitative Services

627 So. 2d 512 · District Court of Appeal of Florida · Sep 28, 1993

In the present ease, it is undisputed, as the majority recognizes, that HRS was providing services to B.J.M. pursuant to a permanent placement plan established by court order authorized by section 39.452, Florida Statutes … The reading of this section confirms that much broader immunity has been conferred upon HRS, its agents, servants, and employees than is otherwise conferred by the general waiver of immunity contained in section 768.28, Florida

Leveson v. State

138 So. 2d 361 · District Court of Appeal of Florida · Mar 1, 1962

The appellant contends that the evidence clearly shows that he had sufficient interest in the apartment searched and the property seized to entitle him to object to an unreasonable search and seizure. … I take the purpose of the section to be to protect the homes and business establishments of the citizens of the state.

Miami Herald Publishing Co. v. Brautigam

127 So. 2d 718 · District Court of Appeal of Florida · Mar 9, 1961

It has long been established that the guarantees of free speech and press do not render the publisher of lewd and obscene materials, *722 profane statements or defamatory utterances immune. See Chaplinsky v. … The reported decisions of this state, as well as others, clearly establish that a publication is libelous, per se; that is, actionable, per se; without a showing of special damage, if it imputes to another (a) a criminal